Legal Opinion

Garrettson v. Scofield

Supreme Court of Iowa

Decided September 19, 1876PublishedCited by 23 opinions

Afjgeal from Washington Circuit 'Court. This is an action for the foreclosure of a mortgage. There was a decree for the plaintiff, and defendants appeal. The facts appear in the opinion.

1Opinion of the CourtRothrook, J.

I. On the 8th day of March, 1872, Enoch G. Wliitstine, being the owner of certain real estate, executed *36a mortgage thereon to the plaintiff for $525.00, with ten per cent interest, which mortgage was filed for record on the next day. On the 13th day of the same month and year, Whitstine executed another mortgage on the same premises to the defendant, William Scofield, to secure a large sum of money.

Whitstine afterwards, in June, 1873, conveyed said premises by deed to one Jno. W. Morgan. Morgan assumed payment of the mortgages, and agreed to redeem the property from a certain tax sale made…

2Cases cited2 opinions

  1. Fair v. BrownSupreme Court of Iowa · 1875
  2. Emerick v. SloanSupreme Court of Iowa · 1864

3Cited by23 opinions

  1. First Congregational Church v. TerrySupreme Court of Iowa · 1906
  2. Gilman v. HeitmanSupreme Court of Iowa · 1907
  3. Koch v. Kiron State BankSupreme Court of Iowa · 1941
  4. Lane v. WrightSupreme Court of Iowa · 1903
  5. Allison v. CorsonCourt of Appeals for the Eighth Circuit · 1898

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