Hait v. Ensign
Supreme Court of Iowa
Appeal from Olayton District Oourt. The petition states that in 1870 tbe plaintiff was tbe owner of certain described real estate, which he sold and conveyed to the defendant, Ensign, who executed to the plaintiff a mortgage on said real estate to secure the unpaid portion of the purchase monéy; that the mortgage was duly filed for record, and that plaintiff at all times ivas the owner of the notes and mortgage; that said mortgage was released of record, but not by the…
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Appeal from Olayton District Oourt. The petition states that in 1870 tbe plaintiff was tbe owner of certain described real estate, which he sold and conveyed to the defendant, Ensign, who executed to the plaintiff a mortgage on said real estate to secure the unpaid portion of the purchase monéy; that the mortgage was duly filed for record, and that plaintiff at all times ivas the owner of the notes and mortgage; that said mortgage was released of record, but not by the plaintiff, nor was the release executed or signed by him; that said Ensign sold and conveyed the mortgaged premises to one A.…
1Opinion of the CourtSeevers, J.
i. PEAijD.mortgage:01 mortgagor, imdffuifseeechaserf111' — I. The appellee insists that this case is not triable anew in this court; but we think it is. The evidence shows that A. E. Hait, without authority, signed ^ie name of the plaintiff to the release. This was a forgery, an(f -the plaintiff is in no manner bound thereby. We do not understand this to be seriously disputed by counsel for the defendants. That portion of the judgment of the district court holding the release to be void is affirmed.
J?HE SAME. II. The notes secured by mortgage were payable to bearer, and the plaintiff, who…
2Cases cited1 opinion
- Herring v. NeelySupreme Court of Iowa · 1876
3Cited by2 opinions
- Hogle v. SmithSupreme Court of Iowa · 1907
- Miller v. RosebrookSupreme Court of Iowa · 1909