Montpelier Savings Bank & Trust Co. v. Arnold
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. This is an action in equity, wherein the plaintiff obtained personal judgment against defendants, L. M. and J. H. Arnold, upon their promissory note for fifteen hundred dollar's, and a decree as to all tbe defendants, foreclosing a mortgage executed by L. M. and J. II.
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Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. This is an action in equity, wherein the plaintiff obtained personal judgment against defendants, L. M. and J. H. Arnold, upon their promissory note for fifteen hundred dollar's, and a decree as to all tbe defendants, foreclosing a mortgage executed by L. M. and J. II. Arnold to J. W. Squire, trustee, on tbe northeast ■quarter of section twenty-three, township seventy-five, range forty, to secure said note. Appellee Olney filed his cross-petition against .appellants, M. H. Parks and Jacob II. Coffelt, alleging that Parks…
1Opinion of the CourtGiven, J.
1. mortgage-agreement!' evidence. I. It is not questioned but that, in receiving title from Arnolds and in conveying to Coffelt, th© firm of Parks & Olney assumed and agreed to pay the mortgage debt to Squire, trustee. The contention is, whether Parks agreed with Olney, for a consideration, that he would pay that debt. The testimony shows that they were equal partners ; that Parks’ means were limited compared to those of Olney, and that, in the exchange of properties with Arnolds, Olney put in about two hundred acres of his own land, valued at seven thousand dollars, and afterwards paid to…
2Cited by4 opinions
- Aldrich v. FriedmanOhio Court of Appeals · 1923
- Duroe & Conley v. StephensSupreme Court of Iowa · 1897
- Rockafellor v. GraySupreme Court of Iowa · 1922
- Alflen v. McClenaghanOhio Court of Appeals · 1924