Legal Opinion

Chadbourne v. Gilman

Supreme Court of Iowa

Decided June 15, 1870PublishedCited by 4 opinions

Appeal from, Dubuque Circuit Court. •Friday, July 22. Action upon three promissory notes made by defendant, Gilman, to plaintiffs, and to foreclose six separate mortgages given to secure distinct portions of said notes. The mortgages were on distinct parcels of land lying in six different counties, one only being in the county of Dubuque, where this action was brought.

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Appeal from, Dubuque Circuit Court. •Friday, July 22. Action upon three promissory notes made by defendant, Gilman, to plaintiffs, and to foreclose six separate mortgages given to secure distinct portions of said notes. The mortgages were on distinct parcels of land lying in six different counties, one only being in the county of Dubuque, where this action was brought. The defend, ants moved to strike out so much of the petition as related to the five mortgages, and also moved for change of venue. Both were overruled ; answer in denial; trial to jury ; verdict and judgment for plaintiffs for…

1Opinion of the Court

Cole, Ch. J.

This suit is brought to recover upon three notes, and to foreclose six mortgages upon as many parcels of land situate in six different counties. Each mortgage was for a specified sum, a part of the note described therein. The action was brought in Dubuque county, where one of the parcels mortgaged was situated. The original notice was served on the defendants in Hardin county, and the affidavit annexed to the motion for a change of venue states that the defendants reside in that county.

The defendants, on entering their appearance, moved to strike from the petition so much thereof…

2Cases cited1 opinion

  1. Breckinridge v. BrownSupreme Court of Iowa · 1859

3Cited by4 opinions

  1. Orcutt v. HansonSupreme Court of Iowa · 1887
  2. McDonald v. Second National BankSupreme Court of Iowa · 1898
  3. Stevens v. FerryU.S. Circuit Court for the District of Washington · 1891
  4. Iowa Loan & Trust Co. v. DaySupreme Court of Iowa · 1884

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