Herring v. Neely
Supreme Court of Iowa
Appeal from Harrison District Court. Plaintiff in this action claims to recover of defendants for wheat sold and for the rent of land. The defendants in their answer set up certain counter-claims and defense to plaintiff’s cause of action. They also show that, being indebted to plaintiff, they conveyed to him certain land for security, which he obligated himself by bond to reconvey upon payment of the indebtedness secured.
Read the full summary
Appeal from Harrison District Court. Plaintiff in this action claims to recover of defendants for wheat sold and for the rent of land. The defendants in their answer set up certain counter-claims and defense to plaintiff’s cause of action. They also show that, being indebted to plaintiff, they conveyed to him certain land for security, which he obligated himself by bond to reconvey upon payment of the indebtedness secured. The answer asks as relief judgment against plaintiff for an amount named and prays that a “ decree be entered declaring said deed to be a mortgage and requiring said…
1Opinion of the CourtBeck, J.
No objection is made to the form and manner of the proceedings, on account of their equitable character and their prosecution as an action at law. It could not be sustained if made. Van Orman v. Merrill, 27 Iowa, 476.
The evidence upon which the case was tried is not before us. The defendants’ objections, it is claimed by counsel, are founded upon matters which appear in the pleadings and decree.
i. equitabi,® mortgage;11' practice. I. It is first insisted that the court erred in rendering a decree foreclosing the mortgage, because no such claim of re^ef is made in defendants’ answer. But they…
2Cases cited1 opinion
- Van Orman v. MerrillSupreme Court of Iowa · 1869
3Cited by4 opinions
- Depuy v. SelbySupreme Court of Oklahoma · 1919
- Hemphill v. T & F Land Co. (In Re Hemphill)United States Bankruptcy Court, S.D. Iowa · 1982
- Thompson v. HolladayOregon Supreme Court · 1887
- Hait v. EnsignSupreme Court of Iowa · 1883