Mahaska County ex rel. School fund v. Whitsel
Supreme Court of Iowa
Appeal from Mahaska District Court.— Hon. W. G. Clements, Judge. Action to recover a loan of $600 made by the county to defendant Frank Whitsel and his wife, Nella Whitsel, as surety, ánd to foreclose a mortgage, securing said loan, on a certain forty-acre tract of land, the title to which is in the defendants, as owners in common.
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Appeal from Mahaska District Court.— Hon. W. G. Clements, Judge. Action to recover a loan of $600 made by the county to defendant Frank Whitsel and his wife, Nella Whitsel, as surety, ánd to foreclose a mortgage, securing said loan, on a certain forty-acre tract of land, the title to which is in the defendants, as owners in common. The defendants admittéd the note and mortgage to have been made, and the indebtedness to have been matured by default in payment of interest, and they joined in the allegation that Nella Whitsel was surety only, and that her one-half interest in the mortgaged…
1Opinion of the Court
McClain, J.—
The forty-acre tract of land mortgaged to plaintiff was acquired by the defendant Frank Whitsel in 1896, and in 1903 he conveyed the same by warranty deed, his wife joining to release dower to. one H. D. Whitsel, Avho immediately thereafter reconveyed the same to the defendants, as owner in common each of an undivided one-half interest; and immediately thereafter the school-fund note and mortgage to plaintiff was executed by the defendants. It is these conveyances from Frank Whitsel to H. D. Whitsel, and in turn from II. D. Whitsel to Frank Whitsel and Nella Whitsel which the…
2Cases cited12 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- Payne v. WilsonSupreme Court of Iowa · 1888
- Carse v. RetickerSupreme Court of Iowa · 1895
- City Bank v. WrightSupreme Court of Iowa · 1885
- Muir v. MillerSupreme Court of Iowa · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- First National Bank v. EichmeierSupreme Court of Iowa · 1911
- Crenshaw v. HalvorsonSupreme Court of Iowa · 1917
- Steinfort v. LanghoutSupreme Court of Iowa · 1915
- Swanson Automobile Co. v. StoneSupreme Court of Iowa · 1919
- State Bank v. WolfordSupreme Court of Iowa · 1916
9 more not listed; retrieve them via the Exa API.