Kostendader v. Pierce
Supreme Court of Iowa
Appeal from Floyd Circuit Cowrt. Monday, December 15. The plaintiff brings this action to foreclose a mortgage for the sum of $640, and accrued interest evidenced by two promissory notes made by the defendant for part consideration of a farm purchased by him from the plaintiff. In defense, the defendant pleads a breach of the warranty against incumbrances, contained in plaintiff’s deed to the defendant for the lapd sold to him and upon which the mortgage was given.
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Appeal from Floyd Circuit Cowrt. Monday, December 15. The plaintiff brings this action to foreclose a mortgage for the sum of $640, and accrued interest evidenced by two promissory notes made by the defendant for part consideration of a farm purchased by him from the plaintiff. In defense, the defendant pleads a breach of the warranty against incumbrances, contained in plaintiff’s deed to the defendant for the lapd sold to him and upon which the mortgage was given. The incumbrance alleged to exist is a right of way of one hundred feet wide across the premises, condemned according to law for…
1Opinion of the CourtMiller, J.
1, Pleading. I. On the 6th day of February, 1872, the defendant filed his answer and counter-claim, whereupon the plaintiff filed a motion to make the same more specific, which motion was in part sustained, and the defendant by leave of the court amended his answer, which he entitled “Amended Answer.” On the trial defendant offered to read to the jury the original answer, which was objected to by plaintiff on the ground that it was superseded by the “ amended answer.” The objection was overruled, plaintiff excepted and assigned this ruling as error.
The statute provides that “ all matters of…
2Cases cited2 opinions
- Funk v. CreswellSupreme Court of Iowa · 1857
- Pharo v. JohnsonSupreme Court of Iowa · 1864
3Cited by5 opinions
- Bremhorst v. Phillips Coal Co.Supreme Court of Iowa · 1927
- Seawell v. CrawfordU.S. Circuit Court for the District of Southern Ohio · 1893
- Burrows v. FrankSupreme Court of Iowa · 1885
- First Unitarian Society v. Citizens Savings & Trust Co.Supreme Court of Iowa · 1913
- Stuhr v. ButterfieldSupreme Court of Iowa · 1911