Bonsall v. Isett
Supreme Court of Iowa
Appeal from Muscatine District Court. The statement of the petition in this case is in substance as follows: That in March, 1856, George W. Bonsall being indebted to Isett in the sum of $1,915.33 gave his note for that amount, to secure which he and his wife gave a mortgage on their farm in the country.
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Appeal from Muscatine District Court. The statement of the petition in this case is in substance as follows: That in March, 1856, George W. Bonsall being indebted to Isett in the sum of $1,915.33 gave his note for that amount, to secure which he and his wife gave a mortgage on their farm in the country. It is alleged that the wife did not sign this mortgage in person, but did authorize her husband to affix her name thereto; nor did she appear before the notary and acknowledge the execution of the same. In April, 1857, being indebted in the further sum of $12.24, the said Bonsall executed…
1Opinion of the CourtLowe, J.
In considering this case it is no unimportant circumstance to know, that all the material allegations of the bill that were contested touching the fraudulent alteration of the mortgage after its execution as stated, whereby the plaintiff’s homestead was charged to have been wrongfully inserted, were presented in the form of issues out' of ehaneery to the arbitrament of a jury, who failed, after hearing all the evidence, to find any of them in favor of the petitioners, but on the other hand did find that no fraud was practised upon Leah Bonsall, by any one, in procuring the execution of the…
2Cases cited4 opinions
- Harris v. HardemanSupreme Court of the United States · 1853
- Morrow v. WeedSupreme Court of Iowa · 1856
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Boker v. ChaplineSupreme Court of Iowa · 1861
3Cited by21 opinions
- Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
- Peyton v. PeytonWashington Supreme Court · 1902
- Pursley v. HayesSupreme Court of Iowa · 1867
- Ballinger v. TarbellSupreme Court of Iowa · 1864
- Newcomb v. DeweySupreme Court of Iowa · 1869
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