Treanor v. Sheldon Bank
Supreme Court of Iowa
Appeal from O’Brien District Court. — Hon. F. E. G-ay-nor, Judge. The plaintiff commenced this action in equity to enjoin the defendants from foreclosing a chattel mortgage upon the ground that the debt secured thereby was largely made up of usurious-interest. There was a hearing on the merits, and a decree for the defendants. Plaintiff appeals.
1Opinion of the CourtNotebook, J.
I. It appears from the pleadings in the ease that the plaintiff executed a chattel mortgage to the defendant hank, dated September 30,1889. In the month of October, 1890, the defendant demanded possession of the mortgaged property for the purpose of foreclosing the mortgage. The plaintiff refused to deliver the property, and the bank' commenced an action of replevin, and the property was seized and advertised for sale to pay the mortgage debt. So far as appears, the petition, bond, and writ in the replevin suit were in proper form. The mortgage debt was due and, on the face of the…
2Cases cited1 opinion
- Sweet, Dempster & Co. v. OliverSupreme Court of Iowa · 1881
3Cited by5 opinions
- Neustadter Bros. v. DoustIdaho Supreme Court · 1907
- State ex rel. Green Mountain Lumber Co. v. Superior CourtWashington Supreme Court · 1927
- McCormick Harvesting Machine Co. v. De La MaterSupreme Court of Iowa · 1901
- McDonald v. JohnstonSupreme Court of Iowa · 1934
- State Ex Rel. G.M. Lum. Co. v. Sup'r Ct.Washington Supreme Court · 1927