Des Moines Insurance v. McIntire
Supreme Court of Iowa
Appeal from Clay District Court.-— Hon. George H. Carr, Judge. September 18, 1893, the-plaintiff filed its petition in equity for judgment op. a promissory note, and for decree foreclosing a mortgage on certain real estate, given to secure the payment of said note.
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Appeal from Clay District Court.-— Hon. George H. Carr, Judge. September 18, 1893, the-plaintiff filed its petition in equity for judgment op. a promissory note, and for decree foreclosing a mortgage on certain real estate, given to secure the payment of said note. The note set out is dated May 30, 1892, for two thousand two hundred and fifty dollars, payable to S. A. Hewling, or order, three years after date, with interest at eight per cent., payable annually, signed, “O. D. McIntire, J. A. Mclntire,” and indorsed by S. A. Hewling to E. M. Clark, and by Clark to tbe plaintiff:, each indorser…
1Opinion of the CourtGiven, J.
*531 2 *52I. We first inquire as to the alleged minority of appellant, O. D. McIntire, and the effect *53thereof. The evidence shows that, at the time of executing this note and mortgage, his age was twenty-years and six months, and tends to show that he had previously transacted some business for himself. In the view we take of the case, the question of his minority is immaterial, so far as the validity of this mortgage is concerned. As will be seen hereafter, he held the title to the land, in trust for his father, under an agreement not to convey or incumber without his consent, and that he executed…
2Cases cited1 opinion
- Prouty v. EdgarSupreme Court of Iowa · 1858
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