White & Smith v. Savery
Supreme Court of Iowa
Appeal from Polk District Court. Action to foreclose a deed of trust executed by the defend-. ants Savery and wife to secure an alleged loan of money. The defendants deny that any money was loaned; deny that the plaintiffs are the real parties in interest; plead a former adjudication and the statute of limitations. There was a judgment and decree for plaintiffs. Defendants appeal. -
1Opinion of the CourtAdams, J.
I. The deed of trust was executed to secure a conditional obligation in writing drawn for the sum of sixty thousand dollars. It was a part of a scheme devised to raise money by loan from various individuals to secure the erection of a hotel in the city of Des Moines. The individuals pro- ■ posing to loan money for such object, among whom were the plaintiffs, appointed three persons as their attorneys, agents or trustees, with power to receive their money and make such loan. The obligation for sixty thousand dollars was executed to these agents. No money, at the time of its execution, appears…
2Cases cited2 opinions
- Preston v. WalkerSupreme Court of Iowa · 1868
- Sypher v. SaverySupreme Court of Iowa · 1874
3Cited by8 opinions
- Baxter T. BeckwithColorado Court of Appeals · 1913
- State ex rel. Schmidt v. Superior CourtWashington Supreme Court · 1911
- State ex rel. Attorney General v. District Court of Fourth Judicial DistrictNorth Dakota Supreme Court · 1904
- Kinney v. ReedSupreme Court of Iowa · 1914
- Rew v. Independent School DistrictSupreme Court of Iowa · 1904
3 more not listed; retrieve them via the Exa API.