Green v. Scranage
Supreme Court of Iowa
Appeal from Dallas District Gourt.' Mortgage by wipe op separate property: consideration : fraud : undue influence. —■ This is a suit to foreclose a mortgage executed by tbe defendants, to secure a promissory note, signed by them both, for $700, dated July 28, 1862, and payable to the plaintiffs, one year after the date thereof. The defendants are husband and wife; the wife alone defends.
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Appeal from Dallas District Gourt.' Mortgage by wipe op separate property: consideration : fraud : undue influence. —■ This is a suit to foreclose a mortgage executed by tbe defendants, to secure a promissory note, signed by them both, for $700, dated July 28, 1862, and payable to the plaintiffs, one year after the date thereof. The defendants are husband and wife; the wife alone defends. In answer, she sets up, in substance, her coverture at the time of the execution of the note and mortgage, accompanied with the allegations that the estate mortgaged was her separate property; that the debt…
1Opinion of the CourtDillon, J.
The court charged the jury as follows: “ 1st. This is an action against Mrs. Scranage for the foreclosure of a mortgage. She admits the execution of the note and mortgage, but alleges, that the execution thereof was obtained through fraud and undue influence used by the plaintiff, Green, and her husband, Scranage.
“ Now, if you believe, from the evidence, that the plaintiff, Green, or Green and Scranage, by undue influence, induced Mrs. Scranage to execute the note and mortgage, so that you believe it was not her voluntary act and deed, that such undue influences consisted in threats to…
2Cases cited11 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Whelan v. WhelanNew York Supreme Court · 1824
- Vartie v. UnderwoodNew York Supreme Court · 1854
- Hawley v. BradfordNew York Court of Chancery · 1841
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Moog v. StrangSupreme Court of Alabama · 1881
- Fairbanks v. SnowMassachusetts Supreme Judicial Court · 1887
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Smith v. SpauldingNebraska Supreme Court · 1894
- Cribbs v. SowleMichigan Supreme Court · 1891
14 more not listed; retrieve them via the Exa API.