Mountain v. Low
Supreme Court of Iowa
Appeal from Audubon District Court. — Hon. N. W. Macy, Judge. Prior to 1890, defeudau.1 Charles Wilkins was the '•owner of two hundred and forty acres of land in Audubon «county, Iowa. Wilkins was indebted to different parties, tod the plaintiff ivas surety for him. In 1890, to secure plaintiff from loss because of such obligations, Willdns deeded to plaintiff the two hundred and forty acres of land mentioned, to be held as security only.
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Appeal from Audubon District Court. — Hon. N. W. Macy, Judge. Prior to 1890, defeudau.1 Charles Wilkins was the '•owner of two hundred and forty acres of land in Audubon «county, Iowa. Wilkins was indebted to different parties, tod the plaintiff ivas surety for him. In 1890, to secure plaintiff from loss because of such obligations, Willdns deeded to plaintiff the two hundred and forty acres of land mentioned, to be held as security only. At the time of entering the decree in this case in the district court, the amount of such indebtedness Avas six thousand and twenty-four dollars and…
1Opinion of the CourtGranger, J.
I. On defendants’ appeal, there is simply a question of fact, as to the fraud relied on to set aside the conveyance. Without a doubt, it is abundantly established ; and the decree of the court, in setting the sale aside, .accords with law and justice.
1 II. Plaintiff appealed from the judgment for costs,, ••as entered, for the reason that it does not give him a personal judgment for costs against both Phillips and Low. Defendants move to dismiss plaintiff’s appeal, and assign as reasons therefor that the plaintiff has waived his right of appeal by accepting the benefits of the judgment, in…
2Cases cited2 opinions
- Dudman v. EarlSupreme Court of Iowa · 1878
- Hornish v. PeckSupreme Court of Iowa · 1880
3Cited by6 opinions
- Youngerman v. YoungermanSupreme Court of Iowa · 1907
- Lightner v. Board of SupervisorsSupreme Court of Iowa · 1912
- Belle Fourche Valley Ry. v. Belle Fourche Land & Cattle Co.South Dakota Supreme Court · 1911
- Hoven v. LeedhamSupreme Court of Minnesota · 1922
- Luglan v. LenningSupreme Court of Iowa · 1931
1 more not listed; retrieve them via the Exa API.