Legal Opinion

Iowa Loan & Trust Co. v. Mowery

Supreme Court of Iowa

Decided October 7, 1885PublishedCited by 3 opinions

Appeal from Jasper Circuit Court. Action to foreclose mortgages. The decree provides that separate tracts of land mortgaged shall be charged with the mortgage debt in tlie proportions indicated therein. Two of the defendants, John E. Mowery and Henry Kline, appeal.

1Opinion of the Court

Beck, Oh. J.

I. The facts of the case, briefly stated, are these: The defendants Mowery and Kline purchased the land of the mortgagor after the execution of the mortgage to anothejr, and still later sold and conveyed a part of tlie land to F'ramel, by a deed which excepted from the operations of the covenant of warranty the two mortgages, and in its-recitatiions declared that the land is sold subject to the.*114mortgages. Framel agreed orally to pay the mortgages, and the amount due thereon was recited as a part of the consideration of the land. The defendants, the Jasper County Bank, and the…

2Cited by3 opinions

  1. Wright v. AndersonSouth Dakota Supreme Court · 1934
  2. Moore v. OliveSupreme Court of Iowa · 1901
  3. Co-operative Savings & Loan Ass'n v. KentSupreme Court of Iowa · 1899

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