Potter v. Kennelly
Supreme Court of Iowa
Appeal from Monroe District Court. — Hon. Del Stuart, Judge. Actioít in equity for judgment on a promissory note, and to foreclose a mortgage upon sixty acres of land to secure tbe payment of the note.
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Appeal from Monroe District Court. — Hon. Del Stuart, Judge. Actioít in equity for judgment on a promissory note, and to foreclose a mortgage upon sixty acres of land to secure tbe payment of the note. The defendant answered, admitting his signature to the note and mortgage, but averring that the mortgage was originally given upon twenty acres of land, and no more, and that it was afterwards, without his knowledge or consent, altered so as to include forty acres in addition to the twenty acres actually mortgaged. The court found that this averment of the answer was true, and entered a…
1Opinion of the CourtRothrock, C. J.
The only question to be determined is, was the mortgage altered or changed after its execution« The burden of proving the alleged alteration was on the defendant. Vanhorn v. Bell, 11 Iowa, 465; Warren v. Chickasaw Co., 13 Iowa, 588; Odell v. Gallup, 62 Iowa, 253; Wing v. Stewart, 68 Iowa, 13. The note was for one hundred dollars, borrowed money, and it recites that it is secured by a mortgage upon real estate valued at nine hundred dollars. It appears that the twenty acres, which it was conceded was included in the mortgage, was, at the time the mortgage was made, subject to the lien of a…
2Cases cited4 opinions
- Odell v. GallupSupreme Court of Iowa · 1883
- Van Horn v. BellSupreme Court of Iowa · 1861
- Wing v. StewartSupreme Court of Iowa · 1885
- Warren v. Chickasaw CountySupreme Court of Iowa · 1862
3Cited by1 opinion
- Cole v. MarshSupreme Court of Iowa · 1894