Buffalo Center Land & Investment Co. v. Swigart
Supreme Court of Iowa
Appeal from Hamilton District Court. — R. M. Wright, Judge. Suit in equity to foreclose a mortgage. The trial court, dismissed the petition, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
I. The action is upon a promissory note for $4,000, made and executed by the defendant Swigart, March 1, 1913, to Klaus Smid, due by its terms, March 1, 1923. The note provided that, should interest not be paid when due, it should draw interest at the rate of 8 per cent. This note was endorsed in blank by the payee, and is now the property of the plaintiff. The mortgage which is sought to be foreclosed, was a second one, executed by the same parties to Smid, on April 10, 1913, and It contained the following, among other provisions:
“To be void upon conditions that said Jacob Swigart & Pearl…
2Cases cited12 opinions
- Swearingen v. LahnerSupreme Court of Iowa · 1894
- Easton v. SomervilleSupreme Court of Iowa · 1900
- Wells v. Western Union Telegraph Co.Supreme Court of Iowa · 1909
- Smith v. BrokerSupreme Court of Iowa · 1892
- Johnson v. Northern Minnesota Land & Investment Co.Supreme Court of Iowa · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Coffin v. YounkerSupreme Court of Iowa · 1923
- Engelke v. DragerSupreme Court of Iowa · 1931
- Newcomer v. NovakSupreme Court of Iowa · 1919
- United States v. AnthonyDistrict Court, S.D. Iowa · 1964