Huston v. Stringham
Supreme Court of Iowa
Appeal from Polh District Court. Foreclosure: parties defendant: usury: attorney’s authority to appear, Sbe made upon it three incumbrances wbicb became liens in the following order: 1. December 15,1855, mortgage to B. F. Allen for $1,367 on its face, but in fact (as claimed) for loan of only $1,000. This is the instrument sought to he foreclosed in ■ the present action, Huston becoming tbe assignee thereof September 24,1857. 2. April 18, 1855, Mrs. Stringbam executed to T.…
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Appeal from Polh District Court. Foreclosure: parties defendant: usury: attorney’s authority to appear, Sbe made upon it three incumbrances wbicb became liens in the following order: 1. December 15,1855, mortgage to B. F. Allen for $1,367 on its face, but in fact (as claimed) for loan of only $1,000. This is the instrument sought to he foreclosed in ■ the present action, Huston becoming tbe assignee thereof September 24,1857. 2. April 18, 1855, Mrs. Stringbam executed to T. E. Brown, trustee, a deed of trust to secure A. J. Stevens tbe sum of $800. Stevens assigned this debt September, 1857-,…
1Opinion of the CourtDillon, J.
i. vobb- ■ paries!12' I. On the trial, Allen, the payee of the note in suit, was introduced as a witness, and testified to the usury substantially as pleaded in the answer of the administrator of the mortgagor, whereupon the plaintiff dismissed his petition as to the administrator, and upon his motion the answer of the administrator was, against the administrator’s objection, stricken from the files. This being done, the plaintiff, pursuing the same line of attack, then moved “ to strike out the evidence of Allen so far as it went to establish the plea of usury in said administrator’s answer.”
2Cases cited5 opinions
- Sanford v. McLeanNew York Court of Chancery · 1831
- Green v. RugelyTexas Supreme Court · 1859
- Borum v. FoutsIndiana Supreme Court · 1860
- Roe v. SwezeyNew York Supreme Court · 1850
- Darlington v. EffeySupreme Court of Iowa · 1862
3Cited by5 opinions
- Pritchett v. MitchellSupreme Court of Kansas · 1876
- Lee v. FeamsterWest Virginia Supreme Court · 1882
- Attwood v. WarnerNebraska Supreme Court · 1912
- Mortgage Security Corp. of America v. HartmanMississippi Supreme Court · 1930
- Yardley v. New York Guaranty & Indemnity Co.U.S. Circuit Court for the District of Western Tennessee · 1876