Legal Opinion

Cook v. Gilchrist

Supreme Court of Iowa

Decided February 9, 1891PublishedCited by 3 opinions

Appeal from Marshall District Court. — I-Ion. D. Ii. Hindman, Judge. • Action in equity to recover the amount due on a mortgage bond, and to foreclose tlie mortgage. There was a trial by the court, and a decree in favor of the plaintiff, as prayed. The defendants, A. E. Shorthill and wife, appeal.

1Opinion of the CourtKobiNSON, J.

From the year 1878 until March, 1888, B. T. Frederick and John M. Gilchrist were associated together as partners under the name oí B. T. Frederick & Co. The firm carried on a foundry and machine shop in Marshalltown. Frederick owned three-fourths of the business, and the property with which it was carried on, and Gilchrist owned the remainder. The title to an undivided three-fourths of the real estate used in the business was vested in Frederick, and the title to the remainder was vested in Gilchrist. On the tenth day of October, 1881, Gilchrist made to plaintiff a mortgage bond for the sum…

2Cases cited12 opinions

  1. Dumont v. United StatesSupreme Court of the United States · 1878
  2. Rhutasel v. StephensSupreme Court of Iowa · 1886
  3. Wells v. WilcoxSupreme Court of Iowa · 1886
  4. Eisfeld v. KenworthSupreme Court of Iowa · 1879
  5. Fetes v. O'LaughlinSupreme Court of Iowa · 1883

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3Cited by3 opinions

  1. Bankers' Iowa State Bank v. JordanSupreme Court of Iowa · 1900
  2. Johnson v. TurnholtSupreme Court of Iowa · 1925
  3. F. A. Patrick & Co. v. NurnbergNorth Dakota Supreme Court · 1911

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