Dalter v. Guye
Supreme Court of Iowa
Appeal from Dubuque City Court. The facts are stated in the opinion of the court. I. The transaction was a mortgage, and this may be shown by parol evidence. Roberts v. McMahon, 4 G. Greene, 84; Montgomery v. Chadwick, 7 Iowa, 114. II. A judgment at law is no bar to a suit in equity when the bill states equitable grounds of relief.
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Appeal from Dubuque City Court. The facts are stated in the opinion of the court. I. The transaction was a mortgage, and this may be shown by parol evidence. Roberts v. McMahon, 4 G. Greene, 84; Montgomery v. Chadwick, 7 Iowa, 114. II. A judgment at law is no bar to a suit in equity when the bill states equitable grounds of relief. Arnold, v. Crimes and Chapman, 2 Iowa, 1; McClenehen v. Chambers, 1 Monr., 43; Taylor v. McCracken, 2 Blackf., 260 ; Gallagher's Executors v. Roberts, 1 Wash. O. C. R.., 320; Bindley v. Cravens, 2 Blackf., 426. III. The right of plaintiff to set off the money paid…
1Opinion of the CourtLowe, J.
Suit in chancery commenced under the following circumstances: In October, 1858, plaintiff was indebted to defendants for liquors before that time purchased of them in the sum of about eleven hundred dollars, to secure the payment of which he, the said plaintiff, assigned to the defendants, a title bond which he held from L. H. Langworthy for the purchase of a lot in said Langworthy’s addition to the city of Dubuque. By the terms of said bond, a conveyance of said lot was agreed to be made, upon the payment of $1,000. The plaintiff had paid a considerable' portion of this sum, and made, as he…
2Cited by8 opinions
- Hackworth v. ZollarsSupreme Court of Iowa · 1870
- Ulber v. DunnSupreme Court of Iowa · 1909
- Ashby v. ManleySupreme Court of Iowa · 1921
- Whitlock v. Workman & Co.Supreme Court of Iowa · 1863
- Sketchley v. Smith & Co.Supreme Court of Iowa · 1889
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