Newgirg v. Black
Supreme Court of Iowa
Appeal from Boone District Court.• — R. M. Wright, Judge. Action in equity to quiet title to certain real estate. As to the appellants William C. Black and Mae Troutvetter, the relief prayed was that a certain mortgage on said real estate be decreed not to be a lien thereon. Plaintiff alleged that-the mortgage was paid and that it was barred by the statute of limitations.
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Appeal from Boone District Court.• — R. M. Wright, Judge. Action in equity to quiet title to certain real estate. As to the appellants William C. Black and Mae Troutvetter, the relief prayed was that a certain mortgage on said real estate be decreed not to be a lien thereon. Plaintiff alleged that-the mortgage was paid and that it was barred by the statute of limitations. To this, appellants, in answer, for the purpose of avoiding the bar of the statute, pleaded that, since.about the time of the execution of the mortgage, the mortgagor had been a nonresident of the state of Iowa, and had not…
1Opinion of the CourtPreston, J.
1. Limitation OF ACTIONS : mortgages: twenty-year-old mortgages : non-residence of mortgagor: effect. The facts as related in the petition and admitted in the answer, were: That plaintiff is the owner of the record title of Lot 1, Block 52, Boone, Iowa. On Nov, 5, 1890, Anna P. Sherman, the then owner of the west half of said lot, executed to James W. Black her certain mortgage thereon by its terms due Nov. 5, 1893, which mortgage was filed of record the same day. That said mortgage has not been released of record. That *639James W. Black has long been deceased, and that all rights in said…
2Cases cited14 opinions
- Clinton County v. CoxSupreme Court of Iowa · 1873
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Robertson v. StuhlmillerSupreme Court of Iowa · 1895
- Jenks v. ShawSupreme Court of Iowa · 1896
- Norris v. TrippSupreme Court of Iowa · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Curtis v. MichaelsonSupreme Court of Iowa · 1928
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- Tesdell v. HanesSupreme Court of Iowa · 1957
- Appleby v. Farmers State Bank of DowsSupreme Court of Iowa · 1953
- Schulte v. WagemanSupreme Court of Iowa · 1991
12 more not listed; retrieve them via the Exa API.