Harrington v. Foley
Supreme Court of Iowa
Appeal from Woodbury District Court. — IIoN. Williamc ITutchiNSON, Judge. Suit in equity to quiet title, for an injunction, and the appointment of a receiver, for an accounting and other equitable relief. Defendants claim that plaintiff's title to the real estate is held as security for money advanced, and is in fact a mortgage; deny that plaintiff has any interest in the crops raised upon the premises; and ask judgment for damages.
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Appeal from Woodbury District Court. — IIoN. Williamc ITutchiNSON, Judge. Suit in equity to quiet title, for an injunction, and the appointment of a receiver, for an accounting and other equitable relief. Defendants claim that plaintiff's title to the real estate is held as security for money advanced, and is in fact a mortgage; deny that plaintiff has any interest in the crops raised upon the premises; and ask judgment for damages. A receiver was appointed, who took possession of the real estate, harvested the crops, and sold them under orders of court. The trial court found that plaintiff…
1Opinion of the Court
Dbeiier, J.-
1 — Rosanna Foley and John C. Foley were for many years prior to tbe time this controversy arose the owners of the subject of the litigation, — a farm of about three hundred acres, — situated in Woodbury county, Iowa. They mortgaged the same to one Ormsby, trustee, to secure the sum of four thousand one hundred and seventy-five dollars. This mortgage matured June 1, 1892. About the time this mortgage matured, one Burd, who was Mrs. Foley’s attorney, induced her to make a new loan of' the Security Company of Hartford, Conn., for the avowed purpose of taking up the Ormsby mortgage.…
2Cases cited14 opinions
- French v. GiffordSupreme Court of Iowa · 1871
- Radford v. FolsomSupreme Court of Iowa · 1880
- How & Co. v. JonesSupreme Court of Iowa · 1882
- Fisk v. StewartSupreme Court of Minnesota · 1877
- Garretson v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1890
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3Cited by7 opinions
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- Frick v. FritzSupreme Court of Iowa · 1904
- Koch v. WassonSupreme Court of Iowa · 1968
- Kleinsorge v. ClarkSupreme Court of Iowa · 1942
- Edward Edinger Co. v. Hildreth Memorial United Evangelical ChurchSupreme Court of Iowa · 1925
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