British & American Mortgage Co. v. Tibballs
Supreme Court of Iowa
Appeal from Morvroe District Gov/rt. This is an action to recover a balance of money alleged to be due upon a promissory note, and to foreclose a mortgage upon certain real estate to recover tlie same. The defendants claim that the note has been fully paid. There was a trial by the court, and a decree for the defendants. Plaintiff appeals.
1Opinion of the Court
Rothrock, Ch. J.
There is no real controversy as to the facts of the case, which, so far as material to the question involved, are as follows:
The plaintiff, as indicated by its name, is engaged in the business of loaning money on mortgage security. On the first day of September, 1877, it made a loan of $1,200, for five years, to the defendants, Bosella E. and Ilenry W. Tibballs, for which they executed their promissory note, and semi-annual interest coupons at the rate of eight per cent per annum. To secure the note, they executed a mortgage upon a farm in Monroe county. Afterwards the…
2Cited by23 opinions
- United States v. Stanolind Crude Oil Purchasing Co.Court of Appeals for the Tenth Circuit · 1940
- Messenger v. Carroll Trust & Savings BankSupreme Court of Iowa · 1922
- Griffin v. ErskineSupreme Court of Iowa · 1906
- Pollak Bros. v. Niall-Herin Co.Supreme Court of Georgia · 1911
- People v. California Safe Deposit & Trust Co.California Court of Appeal · 1913
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