Crooks v. Jenkins
Supreme Court of Iowa
Appeal from, Polk District Court.— Hon. W. H. McHenry,, Judge. . Action to foreclose a mortgage executed by Mrs. W. T. Jenkins and busband to' plaintiff- October 29, 1897, and recorded on the day following, to secure the payment of a note of $775, dated July 13, 1896, and due December 13, 1897, bearing interest at the rate of eight per cent, per annum.
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Appeal from, Polk District Court.— Hon. W. H. McHenry,, Judge. . Action to foreclose a mortgage executed by Mrs. W. T. Jenkins and busband to' plaintiff- October 29, 1897, and recorded on the day following, to secure the payment of a note of $775, dated July 13, 1896, and due December 13, 1897, bearing interest at the rate of eight per cent, per annum. Mrs. Jenkins and husband conveyed the property mortgaged to William Patterson April 14, 1897, but the deed was not recorded until January 1, 1899. He had been a tenant of Tascott, from whom'Mrs. Jenkins purchased, and continued in possession as…
1Opinion of the CourtLadd, J.
1. mortgages: ñensr.lty ° Patterson was in occupancy of the land in controversy as a tenant when Mrs. Jenkins, his daughter, purchased it, and thereafter paid rent to her until she conveyed the property to him in April, 1897. After receiving the deed, he paid the interest on two mortgages on the property — one of $1,000 and another of $200 and also the taxes, but no rent, save as these items were to be so applied. This deed was mailed to Patterson by Mrs. Jenkins from Boone, and in a few days was followed by a letter from her stating, in the words of Mrs. Patterson, that “ she had sent us…
2Cases cited17 opinions
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3Cited by15 opinions
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