Legal Opinion

Sloat v. Bean

Supreme Court of Iowa

Decided October 19, 1877PublishedCited by 2 opinions

Appeal from Marshall Circuit Court. Action to foreclose a mortgage. The court below only gave the plaintiff a part of the relief asked for in the petition, and he appeals. The facts are stated in the opinion.

1Opinion of the CourtSeevers, J.

The defendant gave the plaintiff five promissory notes. The following is a copy of one of them;

“Marshalltown, Iowa, Nov. 10, 1875.
“January 3,1877, after date I promise to pay Elias Sloat, or order, at First National Bank, Marshalltown, Iowa, three hundred dollars, with interest at ten per cent per annum, payable annually, ten per cent on interest due, and if action is commenced hereon attorney’s fee for collection.”

The other four notes were in every respect like the foregoing, except that they become due at the same time in 1878, 1879, 1880 and 1881.

A mortgage was given to secure the payment…

2Cases cited2 opinions

  1. Malcolm v. . AllenNew York Court of Appeals · 1872
  2. Steel v. MillerSupreme Court of Iowa · 1875

3Cited by2 opinions

  1. Swearingen v. LahnerSupreme Court of Iowa · 1894
  2. Smalley v. RenkenSupreme Court of Iowa · 1892

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