Day v. Baldwin
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. The petition alleges that one O. O. Lee, being, on the first day of May, 1857, the owner of certain real estate in Decorah, Iowa, sold the same to Ebenezer Baldwin for the consideration of $1,000, taking his two promissory notes of $500 each, bearing ten per cent interest per annum, payable on the first day of February, 1858, and first day of August, 1858, respectively; that said Lee executed to Baldwin a bond for a deed'to said…
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Appeal from Winneshiek Circuit Court. The petition alleges that one O. O. Lee, being, on the first day of May, 1857, the owner of certain real estate in Decorah, Iowa, sold the same to Ebenezer Baldwin for the consideration of $1,000, taking his two promissory notes of $500 each, bearing ten per cent interest per annum, payable on the first day of February, 1858, and first day of August, 1858, respectively; that said Lee executed to Baldwin a bond for a deed'to said premises; that the note first falling due was transferred to Slaymaker & Crawford, a partnership by that name, and the other…
1Opinion of the CourtMiller, J.
*3831. statute of title bond foreclosure: mortgage. *382Without noticing each of the grounds urged by appellant for a reversal of this decreee, we think *383it must be reversed on the defendant’s plea of the statute oi limitations. The note alleged to be lost, and for the amount of which this suit is brought, matured February 1, 1858. This action was not'brought' until September, 1869, more than eleven years after the cause of action accrued. An action at law on the note would be barred in ten years. So, also, treating the enforcement of a vendor’s lien as the foreclosure of a mortgage, an action brought…
2Cases cited5 opinions
- McCarthy v. WhiteCalifornia Supreme Court · 1863
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Johnson v. MonellSupreme Court of Iowa · 1862
- Hendershott v. PingSupreme Court of Iowa · 1867
- Ayres v. CampbellSupreme Court of Iowa · 1859
3Cited by21 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- First v. ByrneSupreme Court of Iowa · 1947
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Jenks v. ShawSupreme Court of Iowa · 1896
- Stephens v. ShannonSupreme Court of Arkansas · 1884
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