Slocum v. Brown
Supreme Court of Iowa
Appeal from Fayette District Court. — Hon. L. E. Eel-lows, Judge. Action in equity to recover .an amount alleged to be due on a promissory note, .and to- have established and foreclosed an equitable mortgage on land. There was a hearing on the merits, which resulted in the dismissing of the plaintiff’s petition, and the plaintiff appeals. —
1Opinion of the CourtRobinson, J.
— The promissory note upon which plaintiff’s demand for relief is based was given to the plaintiff by one John Thorman on the first day of January, 1894. At that time Thorman was the owner of several hundred acres- of land in Fayette county, and agreed orally to give a mortgage upon that land to secure the note, but failed to do so. On the first day of March, 1894, he conveyed the land by warranty deed to C. E. Brown. This action was commenced in August of the same year to recover the amount due on the note, and to enforce the verbal agreement of Thorman as an equitable mortgage of the land.…
2Cases cited2 opinions
- Baldwin v. St. Louis, Keokuk & Northern R'y Co.Supreme Court of Iowa · 1885
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
3Cited by3 opinions
- Anderson v. Royal HighlandersSupreme Court of Iowa · 1923
- Molyneux v. JuliusSupreme Court of Iowa · 1918
- State Ex Rel. Taylor v. Bell.Missouri Court of Appeals · 1934