Crossen v. White
Supreme Court of Iowa
Appeal from, Mahaska District Court. The defendant recovered judgment against the plaintiffs Crossen, and one Mooreland, for twelve hundred and seventy-two dollars, upon a note whereon Crossen was only surety for Mooreland. To save Crossen harmless, Mooreland conveyed a certain lot in Oskaloosa to him, and took his bond to reconvey the lot upon being released from liability on the judgment.
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Appeal from, Mahaska District Court. The defendant recovered judgment against the plaintiffs Crossen, and one Mooreland, for twelve hundred and seventy-two dollars, upon a note whereon Crossen was only surety for Mooreland. To save Crossen harmless, Mooreland conveyed a certain lot in Oskaloosa to him, and took his bond to reconvey the lot upon being released from liability on the judgment. Crossen made arrangements for White to receive the rent of the lot, and then went to California and left one Yance to act as his agent. Afterwards, White caused execution to be issued and levied upon the…
1Opinion of the CourtCole, J.
i. RismsMPmortgage. I. The first point made by the appellant is, that the plaintiff, Crossen, has not shown that he had any such interest in the lot in question, at the time 0f' the alleged agreement with defendant, as would entitle him to redeem. This is based upon the ground, that the plaintiff was only a mortgagee, and held the mortgage to secure him against a contingent liability, and had not, at the-time of the agreement, been damnified in any manner whatever.
Revision, “Section 3334. Any creditor whose claim, becomes a lien prior to the expiration of the time allowed by law for the…
2Cases cited1 opinion
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
3Cited by12 opinions
- Cahill v. Illinois Central RailroadSupreme Court of Iowa · 1908
- Mohn v. MohnSupreme Court of Iowa · 1910
- Fairall v. ArnoldSupreme Court of Iowa · 1939
- Assignment of Snyder v. CarpenterSupreme Court of Iowa · 1908
- Belknap v. BelknapSupreme Court of Iowa · 1912
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