Legal Opinion

Schafer v. Jackson

Supreme Court of Iowa

Decided April 9, 1912PublishedCited by 7 opinions

Appeal from Wapello District Court.- — Hon. C. W. Vermillion, Judge. Suit in equity to foreclose a real estate mortgage and note for $350. The mortgage and note were executed by-defendants M. E. Jackson and Sarah E. Jackson. The Jacksons, as principal defendants, set up various affirmative defenses which are considered in the body of this opinion. There was a decree for the plaintiff awarding the full relief prayed. The defendants Jackson appeal.

1Opinion of the CourtEvans, J.

The defendants Jackson are husband and wife. The mortgage covered a -small tract of real estate situated in Wapello county, and owned by these defendants, *110and upon which they erected three small residences. The' note and mortgage were executed July 13, 1891, and were drawn to mature in five years. In February, 1894, the Jacksons sold the property to L. O. Montgomery, subject to mortgage. Thereafter the property passed to successive purchasers, some of which are named as defendants herein. This suit was begun in December, 1902, but no service was had upon the defendants Jackson until July,…

2Cited by7 opinions

  1. Wentland v. StewartSupreme Court of Iowa · 1945
  2. Warrener v. Federal Land Bank of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1936
  3. Beckford v. Empire Mutual Insurance GroupAppellate Division of the Supreme Court of the State of New York · 1988
  4. Knapp v. KnappSupreme Court of Iowa · 1959
  5. Tonini v. ThurmanSupreme Court of Oklahoma · 1943

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