Palmer v. Butler
Supreme Court of Iowa
Appeal from, Scott District (Jowrt. The plaintiff sues to foreclose two mortgages,' one of date October 28, 1857, made by Richard B. Hill and wife to Peter Wainright, on property in the city of Davenport, given to indemnify said Wainright against the payment of a certain promissory note for $10,000, made by said Richard B. Hill to Alpheus Hardy, Horatio Harris and Hugh Montgomery, trustees under the will of Joshua Sears, deceased, payable in three years from date, with…
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Appeal from, Scott District (Jowrt. The plaintiff sues to foreclose two mortgages,' one of date October 28, 1857, made by Richard B. Hill and wife to Peter Wainright, on property in the city of Davenport, given to indemnify said Wainright against the payment of a certain promissory note for $10,000, made by said Richard B. Hill to Alpheus Hardy, Horatio Harris and Hugh Montgomery, trustees under the will of Joshua Sears, deceased, payable in three years from date, with semi-annual interest, to secure which Wainright had executed a mortgage upon lands situated in the State of Massachusetts, of…
1Opinion of the CourtMiller, J.
— The first mortgage sought to be foreclosed was executed October 28, 1857, to secure a note of same date for $10,000, payable three years after date, falling due with days of grace added, October 31, 1860. This action was commenced on the 7th day of December, 1871, more than eleven years after a cause of action acrued thereon.
To remove the bar of the statute the plaintiff claims that the cause of action was duly revived by Bichard B. Hill at the *578time of tbe execution by bim of tbe mortgage made to Henry Hill and Julius A. Palmer, trustees, dated November 1, 1862, to secure tbe note of Wm.…
2Cases cited3 opinions
- Gower v. WinchesterSupreme Court of Iowa · 1871
- Penley v. WaterhouseSupreme Court of Iowa · 1856
- Day v. BaldwinSupreme Court of Iowa · 1872
3Cited by9 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Doran v. DoranSupreme Court of Iowa · 1909
- Nelson v. HansonSupreme Court of Iowa · 1894
- Lackey v. MelcherSupreme Court of Iowa · 1938
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