Chase v. Abbott
Supreme Court of Iowa
Appeal from Blaclchawlc District Court. On the 20th day of December, 1856, the plaintiff borrowed of the defendant a sum of money, and gave his note therefor. To secure the payment of the note, he executed to the defendant a deed for certain real estate, absolute on its face, and took from defendant a bond for reconveyance; upon payment of the note.
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Appeal from Blaclchawlc District Court. On the 20th day of December, 1856, the plaintiff borrowed of the defendant a sum of money, and gave his note therefor. To secure the payment of the note, he executed to the defendant a deed for certain real estate, absolute on its face, and took from defendant a bond for reconveyance; upon payment of the note. At the time of this transaction, the plaintiff was a single man, and had never been married, but was living on the premises with an unmarried sister and brother, and claimed to be the head of the family, and to occupy said premises as a homestead.…
1Opinion of the CourtCole, J.
i. jtoBTGAnotffew The absolute deed and the bond for reconveyance, together, constituted a mortgage. If it be conceded that at the time they were executed, the plaintiff was the head of the family, and occupying the premises as a homestead, such facts would not affect *158the validity of the conveyance or mortgage. Rev., § 2279. Nor was the lien of the mortgage defeated or impaired by the partial payment and the taking up of the original note and executing a new note for the amount remaining due or unpaid. The mortgage lien remains while the debt is unsatisfied, and a change, of the note or…
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