Updegraft v. Edwards
Supreme Court of Iowa
Appeal from Clay District Court. Action to foreclose a mortgage securing a promissory note. The makers of the note and others claiming an interest in the land were made parties. The court rendered a general judgment against the makers of' the note, and entered a decree canceling and setting aside the mortgage. Plaintiff appeals. Other facts of the case appear in the opinion.
1Opinion of the Court
Beck, J. — I.
The petition alleges that the note was indorsed to plaintiff before maturity and for value. It contains proper averments of facts entitling plaintiff to judgment against the makers, and to the foreclosure of the mortgage given to secure the note. J. J. Wilson & Co. are made defendants, on the ground that they have, or claim to have, some lien or claim upon the mortgaged property which is inferior to plaintiff’s lien.
The defendant, Edwards, and his wife (makers of the note), answered, setting up that on account of certain transactions between them and the payee of the note,…
2Cases cited1 opinion
- Preston, Kean & Co. v. Morris Case & Co.Supreme Court of Iowa · 1876
3Cited by4 opinions
- Robertson v. U. S. Live Stock Co.Supreme Court of Iowa · 1914
- J. L. Smathers & Co. v. Toxaway Hotel Co.Supreme Court of North Carolina · 1913
- Whitney v. EichnerSupreme Court of Iowa · 1927
- Overland Sioux City Co. v. ClemensSupreme Court of Iowa · 1920