Ennis v. Fourth Street Building Ass'n
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. P. B. Wolee, Judge. On the first day of April, 1895, plaintiff filed his petition to set ¡aside the decree rendered' October 30, 1894, and for a new trial on the ground of unavoidable ■casualty and misfortune. Defendant demurred to the petition, which demurrer was sustained, and, the plaintiff failing to further plead, judgment was rendered against him, from which he appeals. —
1Opinion of the CourtGiven, J.
I. The petition shows that this-defendant, as plaintiff, commenced an action at the September term, 1894, against Margaret and James Ennis, tto foreclose a mortgageexecuted by them to this defendant on certain lots in the city of Clinton; 'that at that time this plaintiff had a valuable subsisting mortgage on said lots for two thousand dollars, executed and delivered to him by said Margaret and James Ennis, on the 'twentieth day of April, 1891, which was duly recorded on the tenth day of July, 1891; that on the twenty-fifth day of August, 1894, he was made a party to said action, as having…
2Cited by12 opinions
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- Reilley v. KinkeadSupreme Court of Iowa · 1917
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- Fred Andres & Co. v. SchlueterSupreme Court of Iowa · 1908
- Hedrick v. Smith & ReedSupreme Court of Iowa · 1908
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