Fowler v. Doyle
Supreme Court of Iowa
Appeal from, Jones District Court. This action was brought in the Jones District Court to foreclose a mortgage made by tbe defendants to secure the following note: “ $100. On the 1st day of January, 1863, I promise to pay to Mary Ann Doyle one hundred dollars. Dated December 13th, 1861. . Patrick Doyle.” The plaintiff claims that the note was transferred by the payee to one Holt, and by Holt to him.
Read the full summary
Appeal from, Jones District Court. This action was brought in the Jones District Court to foreclose a mortgage made by tbe defendants to secure the following note: “ $100. On the 1st day of January, 1863, I promise to pay to Mary Ann Doyle one hundred dollars. Dated December 13th, 1861. . Patrick Doyle.” The plaintiff claims that the note was transferred by the payee to one Holt, and by Holt to him. The defendant, Patrick Doyle, answers, alleging that one Patrick Reilly, at the May term, 1859, of the Webster District Court, recovered a judgment for over $800 against the payee of said note,…
1Opinion of the CourtDillon, J.
One point made by the plaintiff in the court below was, that the transcript'of the judgment, from Webster county, in favor of Patrick Reilly, showed no judgment against Mary Ann Doyle, but only against her. husband, Michael Doyle. The record entry is far from being clear, and the entire record of that cause was not before the Court below, nor is it before this Court.
It is proper in all cases, and in cases where the entry is obscure, or not clear, it is necessary to read the record entry in the light of the pleadings and of the entire record. See, generally, on this subject, 1 Greenleaf Ev.,…
2Cases cited4 opinions
- Walters v. Washington Ins.Supreme Court of Iowa · 1855
- Duncan v. RoselleSupreme Court of Iowa · 1864
- Foot v. GloverIndiana Supreme Court · 1837
- Bell v. Massey & PoultneySupreme Court of Louisiana · 1859
3Cited by23 opinions
- Hopper v. LucasIndiana Supreme Court · 1882
- Fleenor v. DriskillIndiana Supreme Court · 1884
- Clay v. Hildebrand Bros.Supreme Court of Kansas · 1886
- Searles v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1910
- Reaves v. TurnerSupreme Court of Oklahoma · 1908
18 more not listed; retrieve them via the Exa API.