Bowling v. Cook
Supreme Court of Iowa
Appeal from Linn Circuit Court. Action to foreclose a mortgage. There was a decree in the Circuit Court for plaintiff. Defendants appeal. The facts of the case fully appear in the opinion.
1Opinion of the CourtBeck, J.
1. The defendant, McElroy, on the 22d day of November, 1870, sold and conveyed the land covered by the mortgage which plaintiff seeks to foreclose, to Lytle, another defendant, who paid therefor $500 in cash, and executed the notes and mortgage in suit to secure the balance of the purchase money.
2. In December following McElroy transferred to plaintiff the notes and delivered the mortgage to him as collateral security for the payment of a note, for about $500 held by plaintiff, against McElroy.
3. On the 2d of March, 1872, Lytle re-conveyed the land to McElroy, who repaid the $500 advanced…
2Cases cited3 opinions
- Vannice v. BergenSupreme Court of Iowa · 1864
- McClure v. BurrisSupreme Court of Iowa · 1864
- Cornog v. FullerSupreme Court of Iowa · 1870
3Cited by21 opinions
- Moran v. WheelerTexas Supreme Court · 1894
- Reeves v. HayesIndiana Supreme Court · 1884
- Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
- Lewis v. KirkSupreme Court of Kansas · 1882
- Jenks v. ShawSupreme Court of Iowa · 1896
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