Weidner v. Thompson
Supreme Court of Iowa
Appeal from Page District Court. Action in chancery to set aside the cancellation of a mortgage, and to foreclose the same. A decree was entered declaring that the land mortgaged is not subject to defendant’s judgment, which differs from the relief prayed for in tlie petition. Defendants appeal.
1Opinion of the CourtBeck, J.
I. The undisputed facts of this case are as follows: A son of plaintiff executed a mortgage upon certain real estate to one Eoley to secure an indebtedness of $2,000. The mortgagor conveyed the real estate to Eoley, who after-wards conveyed it to plaintiff. The note secured by the mortgage was marked “paid” by the holder, and given to plaintiff, and the mortgage, after plaintiff had given his own note, with security, for the amount of the son’s debt, was canceled of record. The transactions were had, on the part of plaintiff, for the purpose of preventing the arrest of his son, or he was…
2Cited by11 opinions
- Burgoon v. LavezzoCourt of Appeals for the D.C. Circuit · 1937
- Woodside v. LippoldSupreme Court of Georgia · 1901
- Beacham v. GurneySupreme Court of Iowa · 1894
- Bennett v. First National BankSupreme Court of Iowa · 1905
- National Life Insurance v. AyresSupreme Court of Iowa · 1900
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