McDonald v. Magirl
Supreme Court of Iowa
Appeal from Delatoare District Court. — Hon. A. S. Blair,. Judge. This is an* action to recover the amount of money secured by a mortgage upon certain real estate. The defendant did not execute the mortgage, but it is claimed he is liable,- because he assumed the payment of it. There was a trial by jury. At the close of the introduction of the evidence, the court, on motion, directed the jury to return a verdict for the defendant. The plaintiff appeals.
1Opinion of the CourtRothrook, C. J.
I. Daniel McDonald was the owner of three lots in Sioux City.' On the seventeenth day of July, 1888, he sold the lots to John Magirl, the defendant herein. The purchase price was two thousand, five hundred dollars. Of this sum, eight hundred dollars was paid in cash. There was a mortgage on the property for eight hundred dollars, and interest, which McDonald had before that time executed to one, Charles Q^Orr. A deed was made from McDonald to the defendant, for the lots, by which McDonald *678warranted the title of the property, excepting the mortgage of eight hundred dollars, to Orr, which the…
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