Brown v. Cascaden
Supreme Court of Iowa
Appeal from Black ITawlc Circuit Court. Action at law to recover the amount of money due upon a mortgage. There was a judgment rendered by the Circuit Court, dismissing the cause; from which plaintiff appeals. The facts of the case appear in the opinion. The mortgagee may exercise all his rights at the same time, and pursue' his remedy in equity upon the mortgage and his remedy at law upon the bond or covenant accompanying it concurrently.
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Appeal from Black ITawlc Circuit Court. Action at law to recover the amount of money due upon a mortgage. There was a judgment rendered by the Circuit Court, dismissing the cause; from which plaintiff appeals. The facts of the case appear in the opinion. The mortgagee may exercise all his rights at the same time, and pursue' his remedy in equity upon the mortgage and his remedy at law upon the bond or covenant accompanying it concurrently. (4 Kent’s Com., 183.) Where a contract is entered into for a fraudulent or illegal purpose, and any part of such contract remains unexecuted, the law will…
1Opinion of the CourtBeck, J.
The mortgage, which is the foundation of this action, was executed in Ontario, and conveys lands, situated in that province, to secure the payment of $971.75 to the mortgagee named in the instrument, by whom it was assigned and transferred to plaintiff by proper writing. Among other covenants, the following appears in the mortgage: “And the said party of the first part (the mortgagor) covenants with the said party of the third part (the mortgagee), that he will pay the said mortgage money and interest on the days and times •aforesaid.” The petition declares on the mortgage, and contains…
2Cases cited2 opinions
- Banta v. WoodSupreme Court of Iowa · 1871
- Livingston v. NewkirkNew York Court of Chancery · 1818
3Cited by7 opinions
- Beeson v. GreenSupreme Court of Iowa · 1897
- McDonald v. Second National BankSupreme Court of Iowa · 1898
- New England Mortgage Security Co. v. RedingSupreme Court of Arkansas · 1898
- Exchange National Bank v. WolvertonWashington Supreme Court · 1895
- Holiman v. HanceSupreme Court of Arkansas · 1895
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