Bowen v. Kurtz
Supreme Court of Iowa
Appeal from Wapello District Court. Thursday, October 9. Action to foreclose a mortgage executed by one Cooper to secure a promissory note made by Mm to plaintiff.
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Appeal from Wapello District Court. Thursday, October 9. Action to foreclose a mortgage executed by one Cooper to secure a promissory note made by Mm to plaintiff. The petition alleges that Cooper sold and conveyed the mortgaged premises to defendant who, in payment of a part of the consideration, undertook to pay the debt secured by the mortgage and under said agreement did make certain payments thereon; that plaintiff, in consideration of defendant’s agreement to pay the interest on the note as it fell due, extended the time of payment of the principal debt. By an amendment to the petition…
1Opinion of the Court
Beck, Ch. J.
I. At the trial plaintiff was permitted, against defendant’s objection, to prove, by his own evidence, conversations had with defendant tending to establish a promise on the part of the latter to pay the debt of Cooper secured by the mortgage, and that defendant had, in the purchase of the land, assumed it in payment of a part of the consideration. Cooper was also permitted to give testimony tending to establish the fact that plaintiff had released him from the debt. The admission of this evidence is made the grounds of objections, and it is claimed, is in conflict with the…
2Cases cited1 opinion
- Porter v. LaffertySupreme Court of Iowa · 1871
3Cited by13 opinions
- Beeson v. GreenSupreme Court of Iowa · 1897
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Hawkeye Life Insurance v. Valley-Des Moines Co.Supreme Court of Iowa · 1935
- Lehman v. LevySupreme Court of Alabama · 1881
- Mulcrone v. American Lumber Co.Michigan Supreme Court · 1885
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