Clough v. Seay
Supreme Court of Iowa
Appeal from Union District Court. This is an action for judgment upon a promissory note executed to plaintiff by the defendant P. EL Seay, for two hundred and eighty dollars, with ten per cent interest, payable annually in advance, and for the foreclosure of a mortgage executed by the defendants to secure said note.
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Appeal from Union District Court. This is an action for judgment upon a promissory note executed to plaintiff by the defendant P. EL Seay, for two hundred and eighty dollars, with ten per cent interest, payable annually in advance, and for the foreclosure of a mortgage executed by the defendants to secure said note. The defendants’ answer alleges that after said note was issued it was materially altered, without the consent of the defendants, and with the knowledge, consent and authority of plaintiff, by cutting off and removing from the bottom thereof the following words: “We will pay…
1Opinion of the CourtDay, J.
1. mortgage: foreclosure of: constitutional law. I. The appellants assign as error the action of the court in denying them a jury trial, and insist that upon the’issué as to usury and alteration in the note they were entitled to a trial by jury under article 1, section 9, of the Constitution. Section 2509 of the Code of 1873 • provides: “The action on a note, together with a mortgage or deed of trust for the foreclosure of the same, shall be by equitable proceedings. ” This action was brought upon a note, and for the foreclosure of a mortgage made to secure it. We think that all the issues…
2Cases cited3 opinions
- Matteson v. EllsworthWisconsin Supreme Court · 1873
- State ex rel. Boone v. OrwigSupreme Court of Iowa · 1868
- Krause v. MeyerSupreme Court of Iowa · 1871
3Cited by12 opinions
- Littleton v. FritzSupreme Court of Iowa · 1885
- Otto v. Halff & Bro.Texas Supreme Court · 1896
- Young v. VailNew Mexico Supreme Court · 1924
- Savage v. SavageOregon Supreme Court · 1899
- Jeffrey v. RosenfeldMassachusetts Supreme Judicial Court · 1901
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