Legal Opinion

Cain v. Vogt

Supreme Court of Iowa

Decided June 9, 1908PublishedCited by 17 opinions

Appeal from Linn District Court. — Hon. B. H. Miller, Judge. Action in equity to foreclose a chattel mortgagé. Decree for plaintiff, and defendants appeal.—

1Opinion of the CourtWeaver, J.

The controversy in this case involves a question of application of payments. The evidence tends fairly to establish the following facts: On January 8, 1897, the defendants, or one of them, being indebted to the plaintiff in the sum of $505, made and delivered to him their two promissory notes aggregating that sum, together with the chattel mortgage in suit, which recites that it is given to secure the payment of the mortgage debt by the said Louis Vogt. In February or March, 1897, Vogt having been sued for the rent of a farm occupied by him, and his property being seized under a landlord’s…

2Cases cited16 opinions

  1. Hanson v. ManleySupreme Court of Iowa · 1887
  2. Turner v. YatesSupreme Court of the United States · 1854
  3. Bobe's Heirs v. StickneySupreme Court of Alabama · 1860
  4. Whiting v. EichelbergerSupreme Court of Iowa · 1864
  5. Wilhelm v. SchmidtIllinois Supreme Court · 1876

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3Cited by17 opinions

  1. Fowler v. COURTEMANCHEOregon Supreme Court · 1954
  2. State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
  3. Alford v. LeonardSupreme Court of Florida · 1925
  4. Valley National Bank v. ShumwayArizona Supreme Court · 1945
  5. In Re Estate of McKeonSupreme Court of Iowa · 1940

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