Burlington Mutual Loan Ass'n v. Heider
Supreme Court of Iowa
Appeal from Des Moines District Cou/rt. Action to foreclose three several mortgages. An answer and cross-petition was filed, and it was pleaded therein: First, payment; Second, that there was no consideration for one of the mortgages; and, Third, that all were tainted with usury. There was a reference, and the referee found against the defendants as to all the defenses.
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Appeal from Des Moines District Cou/rt. Action to foreclose three several mortgages. An answer and cross-petition was filed, and it was pleaded therein: First, payment; Second, that there was no consideration for one of the mortgages; and, Third, that all were tainted with usury. There was a reference, and the referee found against the defendants as to all the defenses. To the report of the referee exceptions were filed, and the court, found and held that the mortgages were usurious, that two of them had been satisfied, and that there was a sufficient consideration for the other. A decree of…
1Opinion of the CourtServers, J.
I. The plaintiff was organized under the general incorporation law in 1868. Two of the mortgages were executed prior to .the passage of the curative act, Code/ *425§ 1186. Tlie question, of usury under the curative act and law as it existed prior to its enactment was somewhat considered in Hawkeye Benefit & Loan Association v. Blackburn, 48 Iowa, 385. The correctness of this decision has been assailed by counsel for the appellant in an able and exhaustive argument. It is insisted there is a difference between the two cases. This shall first receive attention. The general objects of both…
2Cases cited3 opinions
- Burrows & Prettyman v. Cook & SargentSupreme Court of Iowa · 1864
- Hawkeye Benefit & Loan Ass'n v. BlackburnSupreme Court of Iowa · 1878
- Hollingsworth v. SwickardSupreme Court of Iowa · 1860
3Cited by13 opinions
- Key West Wharf & Coal Co. v. PorterSupreme Court of Florida · 1912
- Iowa Savings & Loan Ass'n v. HeidtSupreme Court of Iowa · 1899
- Henderson Building & Loan Ass'n v. JohnsonCourt of Appeals of Kentucky · 1889
- Sullivan Savings Institution v. CopelandSupreme Court of Iowa · 1887
- In re WorthDistrict Court, N.D. Iowa · 1904
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