Browneller v. Wells
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. D. Ryan, Judge. Action in equity commenced to recover tbe amount due on a promissory note and for taxes paid, and for the foreclosure of a mortgage. A counterclaim was filed. There was a hearing on the merits, and a decree for the plaintiff. The defendants appeal.
1Opinion of the Court
Robinson, O. J.-
The mortgage on which this action was brought was executed in Hay, 1892, by 0. O. Wells and M. B. Wells to the plaintiff, on a lot in the city of Oskaloosa, to secure the payment of a promissory note for the sum of one thousand five hundred dollars. The defendants are the mortgagors named and George A. Wells and Jennie Wells, his wife. In the year 1866 George A. Wells became the owner of the lot on which the mortgage was executed. In the year 1868 he executed a mortgage thereon, and in the year .1810 a second one, both of which were foreclosed by a decree rendered May *23120, 1874,…
2Cases cited4 opinions
- Mcclure v. BraniffSupreme Court of Iowa · 1888
- Chase v. AbbottSupreme Court of Iowa · 1866
- Byers v. JohnsonSupreme Court of Iowa · 1893
- Boling v. ClarkSupreme Court of Iowa · 1891
3Cited by1 opinion
- Oahu Railway & Land Co. v. KailiHawaii Supreme Court · 1915