Arnold v. Potter
Supreme Court of Iowa
Appeal from Lee District Court. Mortgage foreclosure, trial according to the secónd method. Plaintiff is a resident of Massachusetts, defendant of Iowa. The real estate is situated in Lee county. The mortgage (or trust deed) was acknowledged by defendant in Massachusetts, and by his wife in this State. Love, the trustee, resides in this State, and here accepted the trust.
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Appeal from Lee District Court. Mortgage foreclosure, trial according to the secónd method. Plaintiff is a resident of Massachusetts, defendant of Iowa. The real estate is situated in Lee county. The mortgage (or trust deed) was acknowledged by defendant in Massachusetts, and by his wife in this State. Love, the trustee, resides in this State, and here accepted the trust. There were eleven notes, one for $10,000 on five years, and ten for $500, each payable at intervals of six months, all made October 11, 1859, and without interest. They were dated at Keokuk, in this State, payable in New…
1Opinion of the CourtWright, J.
1. contbact: construction: kxioci. The record does not undertake to set out all the evidence. Only so much is given as was deemed necessary to the understanding of the posi. ' tit . ° . x tions assumed by the respective-parties. The statutes of New York and Massachusetts were offered in evidence, and are found in the record.
The parties differ upon the question whether, this was an Iowa contract and to be governed in its enforcement by our laws, or whether the laws of Massachusetts or New York apply. There is also the further point, that if the Massachusetts statute governs, then that it…
2Cases cited14 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Andrews v. PondSupreme Court of the United States · 1839
- Cox and Dick v. United StatesSupreme Court of the United States · 1832
- Scoville v. CanfieldNew York Supreme Court · 1817
- Smith v. MeadSupreme Court of Connecticut · 1820
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- Thomson v. KyleSupreme Court of Florida · 1897
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