Twogood v. Pence
Supreme Court of Iowa
Appeal from Linn District Court. In July, 1860, plaintiffs recovered judgment against defendant, by confession, for nearly nineteen hundred dollars. In February last, this bill was filed seeking to restrain defendant from cutting and carrying away the timber on certain lands upon which said judgment was a lien, and which it is alleged were essential to the security of plaintiff’s debt.
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Appeal from Linn District Court. In July, 1860, plaintiffs recovered judgment against defendant, by confession, for nearly nineteen hundred dollars. In February last, this bill was filed seeking to restrain defendant from cutting and carrying away the timber on certain lands upon which said judgment was a lien, and which it is alleged were essential to the security of plaintiff’s debt. The answer, in its second division avers, with some detail, that this judgment was rendered upon a contract largely tainted with usury; that, but a small portion of the principal remains unpaid, which is…
1Opinion of the Court
Wright J.
1. Judgment by confession: conclusiveness of. This judgment was entered up in accordance with the provisions of chapter 128 of the Revision, By this it is provided that a statement in writing must be made and signed by the defendant and verified by his oath to the following effect: “ If for money due or to become due, it must state concisely the facts out of which the indebtedness arose, and that the sum confessed therefor is justl/y due, or to become due.” And after this statement has been filed, and the judgment duly entered, our opinion is, that the claim is merged in said…
2Cases cited1 opinion
- Lyon v. WelshSupreme Court of Iowa · 1866
3Cited by7 opinions
- Gilman v. HeitmanSupreme Court of Iowa · 1907
- Miller v. ClarkeSupreme Court of Iowa · 1873
- Bell v. FergusSupreme Court of Arkansas · 1892
- Kendig v. MarbleSupreme Court of Iowa · 1882
- Hightower v. CoalsonSupreme Court of Alabama · 1907
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