Duroe & Conley v. Stephens
Supreme Court of Iowa
Appeal from Clay District Court. — Hon. W. B. Quaeton, Judge. Stephens executed a certain mortgage to plaintiffs, and, thereafter, conyeyed the premises described therein to Thurston, who deeded the same to Gross-man.
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Appeal from Clay District Court. — Hon. W. B. Quaeton, Judge. Stephens executed a certain mortgage to plaintiffs, and, thereafter, conyeyed the premises described therein to Thurston, who deeded the same to Gross-man. In an action to foreclose the mortgage, Gross-man answered plaintiff’s petition, and filed a cross-petition against Thurston, alleging the existence of the mortgage at the time of Thurston’s conveyance, and that the same constituted a breach of the covenants contained in his deed, and asked judgment against Thurston for the amount due on the mortgage, and thecosts of the…
1Opinion of the CourtLadd, J.
1 It is conceded that the decree of foreclosure was properly entered in favor of plaintiffs, and the only controversy arises on the cross-petition of Grossman and the answer thereto by Thurston. The deed from Thurston to Grossman, executed October 17, 1893, contains the following: “Subject to two mortgages of record, one for twelve hundred dollars, and one for eight hundred dollars, *360which F. A. Gossman assumes and agrees to pay. Possession granted by March 1, 1894. And we hereby covenant with the said Frank A. Gossman that we hold said premises by good and perfect title; that we have good…
2Cases cited13 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Bender v. FrombergerSupreme Court of the United States · 1806
- Hunter v. BryantSupreme Court of the United States · 1817
- Funk v. CreswellSupreme Court of Iowa · 1857
- Rowe v. HeathTexas Supreme Court · 1859
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3Cited by3 opinions
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- Boice v. CoffeenSupreme Court of Iowa · 1912
- Rockafellor v. GraySupreme Court of Iowa · 1922