Swearingen v. Lahner
Supreme Court of Iowa
Appeal from Fayette District Court. — HoN. L. 0. Hatch, Judge. Suit in equity to foreclose a mortgage. Defendants, other than the administrator, Platt, answered, averring that the notes in suit were not due; that plaintiff had done nothing to declare any option he might have of declaring them due; and averred a tender of the interest) due before the commencement of the suit.
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Appeal from Fayette District Court. — HoN. L. 0. Hatch, Judge. Suit in equity to foreclose a mortgage. Defendants, other than the administrator, Platt, answered, averring that the notes in suit were not due; that plaintiff had done nothing to declare any option he might have of declaring them due; and averred a tender of the interest) due before the commencement of the suit. Defendant Platt, as administrator, answered that the -notes which the mortgage was given to secure were never filed against the estate he was administrator of, and that this action was not commenced within one year from…
1Opinion of the CourtDeemer, J.
The notes on which the suit is predicated contain the following condition: “And, in case 1 of non-payment of interest when due, the whole sum of principal and interest to become due and collectable at the holder’s option.” The mortgage made to secure them has this stipulation: “And it is hereby further agreed that, if the said Anton Lahner allows the taxes to become delinquent upon said property, or permits the same, or any part thereof, to be sold for taxes, or if he fail to pay the interest on said note *149promptly as the same becomes due, the note secured hereby shall become due and payable…
2Cases cited29 opinions
- Sichler v. LookCalifornia Supreme Court · 1892
- Railroad Co. v. SpragueSupreme Court of the United States · 1881
- Noell v. GainesSupreme Court of Missouri · 1878
- Hall v. DelaplaineWisconsin Supreme Court · 1856
- White v. MillerSupreme Court of Minnesota · 1893
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3Cited by37 opinions
- Kreiss Potassium Phosphate Co. v. KnightSupreme Court of Florida · 1929
- Federal Land Bank v. WilmarthSupreme Court of Iowa · 1934
- Gunther v. WhiteTennessee Supreme Court · 1973
- Weinberg v. NaherWashington Supreme Court · 1909
- Des Moines Savings Bank v. ArthurSupreme Court of Iowa · 1913
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