Cooper v. Mohler
Supreme Court of Iowa
Appealfrom Carroll District Court. — Hon. S. M. Elwood, Judge. Action in equity against John Wasmund to recover the amount of certain promissory note®, for the foreclosure of a-mortgage given to' secure their payment, and for other relief. O. M. Mohler intervened, claiming to be the owner of one of the notes which the mortgage was given to secure, and demanded judgment for the amount due thereon, and asked that it be decreed a first lien upon the mortgaged premises.
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Appealfrom Carroll District Court. — Hon. S. M. Elwood, Judge. Action in equity against John Wasmund to recover the amount of certain promissory note®, for the foreclosure of a-mortgage given to' secure their payment, and for other relief. O. M. Mohler intervened, claiming to be the owner of one of the notes which the mortgage was given to secure, and demanded judgment for the amount due thereon, and asked that it be decreed a first lien upon the mortgaged premises. There was a hearing-on the merits, and a decree in favor of the intervener, as prayed. The plaintiff appeals.—
1Opinion of the CourtRobinson, J.
In December, 1893, the plaintiff was the owner of two hundred and twenty acres of land, upon which the mortgage in controversy was afterwards given; and the intervener was engaged in the business of selling woven wire fence. He attempted to sell to the plaintiff fences for the land, but was told by the latter that he preferred to' sell hi-s farm for thirty-five dollars per acre. The intervener told him that he could sell the farm for forty dollars per acre if it were fenced. The plaintiff then said that he would have the fence built if the intervener would secure a purchaser for it at the…
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