Chadwick v. Devore
Supreme Court of Iowa
Appeal from, Mahaska Gireuit Oourt. This is an action in equity to subject certain real estate, the title to which is in defendant, to sale for the satisfaction of a judgment obtained by plaintiff’s testate against Eli Devore. Prior to the year 1878 the said Eli Devore resided in the state of Ohio, and while residing there he executed the promissory note on which plaintiff’s judgment was obtained.
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Appeal from, Mahaska Gireuit Oourt. This is an action in equity to subject certain real estate, the title to which is in defendant, to sale for the satisfaction of a judgment obtained by plaintiff’s testate against Eli Devore. Prior to the year 1878 the said Eli Devore resided in the state of Ohio, and while residing there he executed the promissory note on which plaintiff’s judgment was obtained. In that year he removed to this state, and early in 1879 he purchased the real estate in question, taking the titlo thereto in himself. On the fourth of December, 1879, he executed to the defendant,…
1Opinion of the CourtReed, J.
Eli Devore claimed to have paid the note on *639which plaintiff’s judgment was rendered, before he removed from Ohio. On the trial, however, he was not able to establish that claim. He knew when he executed the mortgage to defendent that the note was in the hands of a lawyer in Mahaska county for collection, and that suit had been, or was about to be, commenced for its enforcement. He had no property, except the real estate in question, out of which the debt could be made. He continued to occupy and use the premises after the execution of tlie mortgage, and he remained in possession after the…
2Cases cited1 opinion
- Scully v. Scully'sSupreme Court of Iowa · 1870
3Cited by6 opinions
- Meginnes v. McChesneySupreme Court of Iowa · 1916
- Senneff v. BrackeySupreme Court of Iowa · 1914
- Hatheway v. HansonSupreme Court of Iowa · 1941
- Charlson v. Farmers State Bank of Lake MillsSupreme Court of Iowa · 1926
- Schumacher v. DolanSupreme Court of Iowa · 1912
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