Martin v. Bennett Loan & Trust Co.
Supreme Court of Iowa
Appeal from Woodbury District Cou,rt. — W. G. Sears, Judge. Action to foreclose a mortgage. Defense, res adjudicata. Decree for the defendants in the district court. Plaintiff appeals.
1Opinion of the CourtGaynoe, C. J.
Process : original notice: requisites: insufficient statement of relief demanded. On February 20, 1908, Mary A. and H. G. Chapman executed and delivered to the plaintiff, appellant, a warranty deed to the premises in controversy,' to secure an indebtedness owing by them to appellant. This deed was duly filed for record, and recorded on February 21, 1908. Subsequent to the recording of appellant’s deed, and on June 19, 1908, the defendant, Bennett Loan & Trust Company, obtained a.mortgage from the Chapmans covering the same premises, to secure an indebtedness owing by the Chapmans to it. Some…
2Cases cited5 opinions
- Jordan v. WoodinSupreme Court of Iowa · 1895
- Brain v. DeanSupreme Court of Iowa · 1913
- Heins v. WickeSupreme Court of Iowa · 1897
- Browne v. KielSupreme Court of Iowa · 1902
- Barton v. BoieSupreme Court of Iowa · 1915
3Cited by5 opinions
- Rayburn v. MaherSupreme Court of Iowa · 1939
- Claeys v. MoldenschardtSupreme Court of Iowa · 1969
- Manassa v. GarlandSupreme Court of Iowa · 1925
- Dereus v. DereusSupreme Court of Iowa · 1931
- DeReus v. DeReusSupreme Court of Iowa · 1931