Cutler v. Rose
Supreme Court of Iowa
Appeal from, Blachhawlc District Court. Action to foreclose a mortgage. The suit is brought by the indorsee of the note, who purchased the same before due. . The defense by A. Gr.
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Appeal from, Blachhawlc District Court. Action to foreclose a mortgage. The suit is brought by the indorsee of the note, who purchased the same before due. . The defense by A. Gr. Rose is, that the note was procured from him by fraud and was without consideration; that the mortgage embraced his homestead and other lands, and was made, acknowledged and delivered by himself alone; that afterward the mortgagee fraudulently procured the defendant’s wife to sign the mortgage and altered the mortgage and acknowledgment so as to make it a mortgage by both. The defendant’s wife also set up fraud in…
1Opinion of the CourtCole, J.
On the trial there was evidence tending to show that the note was executed without consideration and was obtained by fraud; that the mortgage was executed and delivered as a completed and perfect instrument by the husband alone, and with the intention and understanding that his wife should not sign it; that the mortgagee fraudulently procured the wife to sign and acknowledge it, and having thus obtained her signature, did, without the knowledge or consent but against the will and wish of the husband, so alter the mortgage and acknowledgment as to make it a mortgage by two persons instead of…
2Cited by5 opinions
- Bacon v. HookerMassachusetts Supreme Judicial Court · 1901
- In re LittleDistrict Court, N.D. Iowa · 1901
- State v. PaxtonNebraska Supreme Court · 1902
- Marion Savings Bank v. LeahySupreme Court of Iowa · 1925
- Williams v. Midland Nat. BankCourt of Appeals of Texas · 1917