Mathias v. Leathers
Supreme Court of Iowa
Appeal from Ringgold District Court. — Hon. W. H. Tedeord, Judge. The facts in this case, as shown by the pleadings, evidence, and agreed statement are substantially as follows: William H. Barrett owned certain real estate in Ringgold county, Iowa. He wanted to procure a loan thereon. He made application in the fall of 1891, to Thomas Ross & Son, loan agents at Mt. Ayr, Iowa, for a loan.
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Appeal from Ringgold District Court. — Hon. W. H. Tedeord, Judge. The facts in this case, as shown by the pleadings, evidence, and agreed statement are substantially as follows: William H. Barrett owned certain real estate in Ringgold county, Iowa. He wanted to procure a loan thereon. He made application in the fall of 1891, to Thomas Ross & Son, loan agents at Mt. Ayr, Iowa, for a loan. They negotiated a loan for two thousand two hundred dollars for him from one Gonnable, through one Farrer. It was the understanding that the money procured should be used in paying off all prior liens upon…
1Opinion of the CourtKinne, J.
I. Appellant contends that, under the stipulation filed, the allegation of his answer to the effect that plaintiff fraudulently altered the mortgage is admitted. Such, in our judgment, is not a fair construction of the agreed statement of facts. It is therein provided that the allegations of the pleadings sliall be taken as true so far as the same are not denied by the pleadings of the other party; that the court shall consider gs evidence the'deposition of witness Farrer, so far as the same is consistent with the agreed facts. In division six of the agreed statement, it is said: “After the…
2Cases cited5 opinions
- McLean v. FickeSupreme Court of Iowa · 1895
- Hollingsworth v. HolbrookSupreme Court of Iowa · 1890
- City of Orlando v. GoodingSupreme Court of Florida · 1894
- Murray v. GrahamSupreme Court of Iowa · 1870
- Murray v. PetersonWashington Supreme Court · 1893
3Cited by4 opinions
- Lohman v. ReymondNew Mexico Supreme Court · 1913
- C. Shenkberg Co. v. PorterSupreme Court of Iowa · 1908
- Mandel v. SiverlySupreme Court of Iowa · 1931
- Winker v. TiefenthalerSupreme Court of Iowa · 1938