Burrows & Prettyman v. Cook & Sargent
Supreme Court of Iowa
Appeal from Johnson District Court. ■: This is an application in chancery to restrain the sale on.three different deeds of trust, upon the ground that nothing is due upon the same, when purged of the usury contained therein, and credited with the payments which have been made.
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Appeal from Johnson District Court. ■: This is an application in chancery to restrain the sale on.three different deeds of trust, upon the ground that nothing is due upon the same, when purged of the usury contained therein, and credited with the payments which have been made. The first of these deeds of trust was for sixty thousand, the second for twenty-five thousand, and ■the third for ten thousand three hundred and sixty-seven TVv dollars. ' At the trial (11th May, 1863), the court found due, on the first trust deed, $43,043.47, and rendered a decree for that sum in favor of the…
1Opinion of the CourtLowe, J.
The several deeds of trust, described in the petition, are found to belong to different parties, of distinct relationships, and, therefore, their joinder in one'suit is not understood; but the objection to the proceeding on this account was subsequently waived, and we proceed to con*439sider each with the class of questions thereto belonging, separately.
We begin with the $60,000 claim. The plaintiffs allege that when purged of its usury, and credited with the payments made, that the same is satisfied and should be canceled. Their statement in regard to its origin is substantially the following:…
2Cases cited3 opinions
- Andrews v. PondSupreme Court of the United States · 1839
- Earll v. MitchelIllinois Supreme Court · 1859
- Nichols v. LevinsSupreme Court of Iowa · 1863
3Cited by10 opinions
- Callanan v. ShawSupreme Court of Iowa · 1868
- Citizens Nat. Bank v. Forman's AssigneeCourt of Appeals of Kentucky · 1901
- Perry Savings Bank v. FitzgeraldSupreme Court of Iowa · 1914
- Burlington Mutual Loan Ass'n v. HeiderSupreme Court of Iowa · 1880
- Purvis v. WoodwardMississippi Supreme Court · 1901
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