Wilson v. Wilson
Supreme Court of Iowa
Appeal from the Dubuque District Court. In November, 1848, tbe defendant made to plaintiff big promissory note for tbe sum of ten thousand dollars, one-half to be paid in one year, and one-half in two years from date. He also executed a mortgage on several parcels of real estate,- situate in tbe county of Cheshire, state of New Hampshire, -to secure the-payment of said sums of money.
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Appeal from the Dubuque District Court. In November, 1848, tbe defendant made to plaintiff big promissory note for tbe sum of ten thousand dollars, one-half to be paid in one year, and one-half in two years from date. He also executed a mortgage on several parcels of real estate,- situate in tbe county of Cheshire, state of New Hampshire, -to secure the-payment of said sums of money. Defendant having failed to make payment of the amount first due, as by said note and mortgage required, the plaintiff, in March, 1850, commenced proceedings under the laws of New Hampshire, to foreclose the…
1Opinion of the CourtWeight, C. J.
The errors assigned in this case question the correctness of certain instructions given and refused by the court below. It appears that under the proceedings to foreclose the mortgage, the plaintiff entered into possession of a portion of the premises on the 15th day of March, 1851, and that defendant had a right, at any time within one year from that date, to redeem the same. The court instructed the jury, that this suit did not open the foreclosure; and that in making up their verdict, they should ascertain the amount due upon the-mortgage on the 15th of March, 1852; then ascertain the…
2Cases cited2 opinions
- Marshall v. BryantMassachusetts Supreme Judicial Court · 1815
- Miller v. GormanIndiana Supreme Court · 1839