Jurgensen v. Carlsen
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. W. F. Bean-nan, Judge. Suit in equity to foreclose a mortgage given by defendants to plaintiff. The defendants pleaded a mistake in the note and mortgage, asked that the same be corrected to conform to the understanding of the parties, and that the suit be abated. Decree for plaintiff, and defendants appeal.
1Opinion of the CourtDeemer, J.
The suit is predicated upon a note for the sum of four thousand dollars, made and executed by the defendant, Julius Carlsen, on the nineteenth day of June, 1898, and a mortgage upon certain real estate, made and executed on the same day, by Julius Carlsen and Grude Carlsen, his wife, to secure the payment of said note. It is provided in the note, that a failure to pay any of the interest thereon, within three days after due, shall, at the option of the holder, cause the whole of the note to become due and collectible at once. The mortgage contains a similar, although somewhat stronger,…
2Cases cited1 opinion
- Swearingen v. LahnerSupreme Court of Iowa · 1894
3Cited by5 opinions
- Heisel v. YorkNew Mexico Supreme Court · 1942
- Rensink v. WiggersSupreme Court of Iowa · 1896
- Noble v. TrumpSupreme Court of Iowa · 1916
- Hansen v. BowersSupreme Court of Iowa · 1929
- Conn v. ConverseSupreme Court of Iowa · 1914