Lindley v. Martindale
Supreme Court of Iowa
Appeal from, Polls District Court. — Host. Marcus Kavanagh, Jr., Judge. Plaintiff filed her bill in equity to set aside a mortgage executed by Bayard T. Lindley to Mary M. Martindale, to restrain the sheriff from making a deed in pursuance of the foreclosure of said mortgage, and to quiet the title in- her to three hundred and eighty acres of land in Guthrie county, Iowa, conveyed by said mortgage, on the alleged ground that appellant was the owner and in possession of said…
Read the full summary
Appeal from, Polls District Court. — Host. Marcus Kavanagh, Jr., Judge. Plaintiff filed her bill in equity to set aside a mortgage executed by Bayard T. Lindley to Mary M. Martindale, to restrain the sheriff from making a deed in pursuance of the foreclosure of said mortgage, and to quiet the title in- her to three hundred and eighty acres of land in Guthrie county, Iowa, conveyed by said mortgage, on the alleged ground that appellant was the owner and in possession of said lands at the time the mortgage was made, and that the same was made without her knowledge or consent. The facts, as…
1Opinion of the CourtLiven, C. J.
I. Appellee presents several questions as to the state of the record, and as to whether there is an appeal as to the defendant B. T. Lindley. We think the merits of the case are fully presented in the record before us, and, as B. T. Lindley has appeared and filed his argument, we have considered the case upon its merits without passing upon these questions.
*383II. As title to lot 11 (the store-house property in Stuart, which was given in exchange for the two hundred acres) was decreed to plaintiff in her divorce proceedings, we do not inquire back of that in determining whether it was the…
2Cases cited3 opinions
- Thomas v. KennedySupreme Court of Iowa · 1868
- Phillips v. BlairSupreme Court of Iowa · 1874
- Iowa Loan & Trust Co. v. KinoSupreme Court of Iowa · 1882
3Cited by13 opinions
- Mack v. ProctorSupreme Court of Iowa · 1895
- Culp v. PriceSupreme Court of Iowa · 1899
- Copper v. Iowa Trust & Savings BankSupreme Court of Iowa · 1910
- Iseminger v. CriswellSupreme Court of Iowa · 1896
- Rubel v. ParkerSupreme Court of Arkansas · 1913
8 more not listed; retrieve them via the Exa API.