Treiber v. Shafer
Supreme Court of Iowa
Appeal from Lee District Court. Cross-bill : proceedings under : form of foreclosure, decrees, &c. In 1852 one David Treiber, deceased (father of the infant plaintiffs, and husband of Maria Treiber, since by marriage Maria Walters); alone executed-to the defendant George Shafer, for money borrowed, a mortgage upon certain lots in Keokuk for $1,000 and interest. Treiber shortly afterwards died en route to California.
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Appeal from Lee District Court. Cross-bill : proceedings under : form of foreclosure, decrees, &c. In 1852 one David Treiber, deceased (father of the infant plaintiffs, and husband of Maria Treiber, since by marriage Maria Walters); alone executed-to the defendant George Shafer, for money borrowed, a mortgage upon certain lots in Keokuk for $1,000 and interest. Treiber shortly afterwards died en route to California. After his death, his widow, the said Maria, executed a mortgage in her own name to the said Shafer, for $548, upon the same lots with warranty of title. The consideration of this…
1Opinion of the CourtDillon, J.
I. The finding of the court below, that no partnership between David Treiber and Shafer was proved to exist, and that no credits on the mortgages beyond those allowed'had been established, was so manifestly correct that this point was substantially abandoned by the learned counsel for the appellants on the argument. We need not further notice it.
1. Practice: cross-bill. II. The appellants’ counsel next makes the point, that the decree must be reversed, because no notice of Shafer’s answer in the nature of a cross-bill was served upon the minor plaintiffs in the original bill; and no guardian…
2Cases cited4 opinions
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
- White v. BuloidNew York Court of Chancery · 1830
- Malony v. FortuneSupreme Court of Iowa · 1863
- County of Polk ex rel. School Fund v. SypherSupreme Court of Iowa · 1864
3Cited by6 opinions
- Powell v. NolanWashington Supreme Court · 1902
- Finch v. BillingsSupreme Court of Iowa · 1867
- Southard v. PerrySupreme Court of Iowa · 1866
- Brand v. GibsonWest Virginia Supreme Court · 1934
- Hawley v. GriffinSupreme Court of Iowa · 1903
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