Iowa Savings & Loan Ass'n v. Heidt
Supreme Court of Iowa
Appeal from Polk District -Court. — Iíon. C. P. Holmes, Judge. Action in equity to foreclose a mortgage on real estate, and to cancel certain shares of stock held by defendant in plaintiff association. Defense — usury, which was sustained by the trial court. An accounting was had. A judgment of forfeiture was given in favor of the school fund, and plaintiff was awarded a decree for the sum of seventy-two dollars and eighty cents, without either interest or costs. It appeals.
1Opinion of the CourtWaterman, J.
Plaintiff is a building and loan association, having incorporated as such originally in 1889. On July 2, 1896, its articles were amended to comply with the requirements of chapter 85, Acts Twenty-sixth General Assembly. Defendant was the owner of ten shares of stock in said association, and on February 15, 1891, he borrowed from it the sum of one thousand dollars, giving as security his shares of stock in pledge and the mortgage in suit. At the time of *299making the loan, plaintiff deducted from the amount of the loan the following sums: Attorney’s fee for examining abstract, two dollars and…
2Cases cited17 opinions
- Richman v. Supervisors Muscatine CountySupreme Court of Iowa · 1889
- Iowa Railroad Land v. SoperSupreme Court of Iowa · 1874
- State v. SquiresSupreme Court of Iowa · 1868
- Vermont Loan & Trust Co. v. WhithedNorth Dakota Supreme Court · 1891
- City of Clinton v. WallikerSupreme Court of Iowa · 1896
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3Cited by28 opinions
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Ferry v. CampbellSupreme Court of Iowa · 1900
- State Ex Rel. Turner v. Younker Brothers, Inc.Supreme Court of Iowa · 1973
- Willcox v. EdwardsCalifornia Supreme Court · 1912
- Windsor v. City of Des MoinesSupreme Court of Iowa · 1900
23 more not listed; retrieve them via the Exa API.