Cassidy v. Caton
Supreme Court of Iowa
Appeal from Franklin Circuit Court. Action to foreclose a mortgage. The answer admits the execution of the notes and mortgage, and that the same were given in consideration of the conveyance by plaintiff to one of the defendants of the premises described in the mortgage; that said conveyance ‘was a warranty deed, and that at the time it was executed the premises were incumbered by a mortgage executed by the plaintiff, which has been foreclosed; that at the time the defendant…
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Appeal from Franklin Circuit Court. Action to foreclose a mortgage. The answer admits the execution of the notes and mortgage, and that the same were given in consideration of the conveyance by plaintiff to one of the defendants of the premises described in the mortgage; that said conveyance ‘was a warranty deed, and that at the time it was executed the premises were incumbered by a mortgage executed by the plaintiff, which has been foreclosed; that at the time the defendant purchased the premises the plaintiff falsely and fraudulently represented the premises were free of incumbrance, and…
1Opinion of the CourtSeevers, J.
The pleading filed by defendants was no doubt intended as both an answer and cross-petition, and we shall so treat it. The record .states that the court was proceeding to hear- and determine the cause on petition and answer without any evidence or testimony other than the notes and mortgage, when the defendant filed the following motion: “Now come the defendants, and move the court for an order requiring the plaintiff to confess the defendants’ answer and cross-bill, or to grant the defendants a trial, and permit them to introduce testimony in support of said answer and cross-bill before…
2Cited by4 opinions
- University of Des Moines v. LivingstonSupreme Court of Iowa · 1881
- Parno v. Iowa Merchants Mutual InsuranceSupreme Court of Iowa · 1901
- Schworm v. Fraternal Bankers Reserve SocietySupreme Court of Iowa · 1915
- Adams v. RutherfordOregon Supreme Court · 1885