Heively v. Matteson
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. This is an action to recover from Ammon, Greer & Co., Ammon, Scott & Co., George ~W. Scott and John Ammon, the amount of several promissory notes, to foreclose a mortgage executed to secure said notes, and to declare the lien of tbe mortgage paramount to tbe lien of a subsequent mortgage executed to G. E. Dickerman, and by him assigned to S. W. Matteson. Tbe court granted tbe relief prayed by tbe plaintiffs.
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Appeal from Winneshiek Circuit Court. This is an action to recover from Ammon, Greer & Co., Ammon, Scott & Co., George ~W. Scott and John Ammon, the amount of several promissory notes, to foreclose a mortgage executed to secure said notes, and to declare the lien of tbe mortgage paramount to tbe lien of a subsequent mortgage executed to G. E. Dickerman, and by him assigned to S. W. Matteson. Tbe court granted tbe relief prayed by tbe plaintiffs. The defendants S. W. Matteson and C. E. Dickerman appeal. Tbe facts are stated in tbe opinion.
1Opinion of the CourtDay, J.
i. mortgage : change/in dcbteciness. I. On tbe 4th day of May, 1870, tbe plaintiffs conveyed to Ammon, Greer & Co., a duly incorporated corripany, certain premises known as tbe mill property, In consideration of this conveyance Ammon, Greer & Co. executed to tbe plaintiffs nine prom*506issory notes; two for $2,500 each, payable in one and two years respectively, with interest at the rate of ten j>er cent; six for $2,500 each, payable in three, four, five, six, seven and eight years respectively, with interest at the rate of eight per cent; and one for $2„000, payable in nine years, with interest…
2Cases cited12 opinions
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