Shearer v. Mills
Supreme Court of Iowa
Appeal from, JPloyd Cvr&wit Court. This action was commenced. September 1, 1871. On the 15th day of January, 1872, plaintiff filed his amended petition alleging in substance that on the 15th day of May, 1858, the defendant William Mills executed and delivered to Ann Eliza Mills his promissory note for the sum of $2,400.08, payable five days after date, and that to secure the same he executed his several mortgages, upon property situated in Davis, Warren, Keokuk and Floyd…
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Appeal from, JPloyd Cvr&wit Court. This action was commenced. September 1, 1871. On the 15th day of January, 1872, plaintiff filed his amended petition alleging in substance that on the 15th day of May, 1858, the defendant William Mills executed and delivered to Ann Eliza Mills his promissory note for the sum of $2,400.08, payable five days after date, and that to secure the same he executed his several mortgages, upon property situated in Davis, Warren, Keokuk and Floyd counties respectively. That by assignment from John Little, administrator of the estate of Ann Eliza Mills, the note and…
1Opinion of the CourtDay, J.
The demurrer was improperly sustained. The petition in the action in- Davis county alleged that the defendant had always since the execution of the note been a non-resident of the State of Iowa. Hence the note was not barred by the statute of limitations of the *502State of Iowa, and it did not appear upon the face of the petition that it was barred by the laws of any other State. See Moulton v. Walsh, 30 Iowa, 361.
The defendant appeared, and, instead of pleading the statute of limitations of any State, filed an agreement admitting that the debt was due and unpaid, and consenting that judgment…
2Cases cited2 opinions
- Hendershott v. PingSupreme Court of Iowa · 1867
- Moulton v. WalshSupreme Court of Iowa · 1870
3Cited by5 opinions
- Newgirg v. BlackSupreme Court of Iowa · 1916
- Smith v. MooreSupreme Court of Iowa · 1900
- Brown v. RockholdSupreme Court of Iowa · 1878
- Tuttle v. DeweySupreme Court of Iowa · 1876
- Ritter v. SchultzSupreme Court of Iowa · 1930