Legal Opinion
Gilbert v. Sanderson
Supreme Court of Iowa
Decided June 15, 1881PublishedCited by 13 opinions
Appeal .from, Clay Circuit Court. Action at law. A demurrer to the answer was sustained, and defendant appeals.
1Opinion of the CourtServers, J.
S. S. Warner executed certain notes to Homer A. Smith, and secured the same by mortgage on real *350estate. The notes and mortgage were assigned to the plaintiff. There was a foreclosure and sale of the mortgaged premises, but only a portion of the indebtedness was realized. This action was brought to recover the amount of the indebtedness remaining unpaid. The action was based on the following written instrument:
“ Sioux Napids, Iowa, January 13th, 1876.
“I, James Sanderson, do hereby agree to settle a mortgage now held against the north half of the north-east quarter and the south-west quarter of…
2Cases cited5 opinions
- Simson v. . BrownNew York Court of Appeals · 1877
- Kelly v. . RobertsNew York Court of Appeals · 1869
- Durham v. BischofIndiana Supreme Court · 1874
- Corbett v. WatermanSupreme Court of Iowa · 1860
- Ross v. KennisonSupreme Court of Iowa · 1874
3Cited by13 opinions
- Federal Land Bank of Columbia v. Atlas Assurance Co.Supreme Court of North Carolina · 1924
- Seiffert & Wiese Lumber Co. v. HartwellSupreme Court of Iowa · 1895
- Shult v. DoyleSupreme Court of Iowa · 1925
- Gulf Compress Co. v. Harris, Cortner & Co.Supreme Court of Alabama · 1908
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
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