Wood v. Smith
Supreme Court of Iowa
Appeal from Shelby District Court. This cause was tried in the court below upon an agreed statement of facts. The statement is somewhat voluminous. For the sake of brevity, and as conducing to a better understanding of the questions involved, we condense the facts as follows: 1. On the 1st day of October, 1872, the plaintiff was the -owner in fee of lots 3 and 4, in block 26, and lots 1, 2 and 3, in block 27, in the town of Shelby, Shelby county, Iowa.
Read the full summary
Appeal from Shelby District Court. This cause was tried in the court below upon an agreed statement of facts. The statement is somewhat voluminous. For the sake of brevity, and as conducing to a better understanding of the questions involved, we condense the facts as follows: 1. On the 1st day of October, 1872, the plaintiff was the -owner in fee of lots 3 and 4, in block 26, and lots 1, 2 and 3, in block 27, in the town of Shelby, Shelby county, Iowa. There was no incumbrance upon said premises, with the -exception of a mortgage securing a debt which then amounted to one thousand two hundred…
1Opinion of the CourtEothrock, J.
i subrogation. — I. It will be observed that by the agreed statement of facts it is stipulated that Susan Smith, by the terms of the deed from Wood to herself, assumed ^ payment 0f the mortgage. A copy of the deed is exhibited with and made a part of the agreed statement of facts. Upon an examination of the deed it appears that it was a conveyance subject to the French mortgage, but there was no undertaking in the deed, upon the part of Susan Smith, that she would pay the mortgage. This apparent contradiction in the agreed facts has been the subject of some controversy between counsel for the…
2Cases cited1 opinion
- Garnsey v. . RogersNew York Court of Appeals · 1872
3Cited by15 opinions
- Beeson v. GreenSupreme Court of Iowa · 1897
- Des Moines Joint Stock Land Bank v. AllenSupreme Court of Iowa · 1935
- Lamka v. DonnellySupreme Court of Iowa · 1913
- Gross v. TierneyCourt of Appeals for the Fourth Circuit · 1932
- Northwestern National Bank v. StoneSupreme Court of Iowa · 1896
10 more not listed; retrieve them via the Exa API.