Whitescarver v. Bonney
Supreme Court of Iowa
Appeal from Van Burén District Court. On the 25th February, 1856, complainants made their mortgage of certain real estate to respondent, Bonney, purporting to secure to him tbe sum of throe thousand dollars, payable twelve months from date. In April 1857, Bonney placed this mortgage in the hands of the proper sheriff, with a view to foreclose the same under chapter 118 of the Code.
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Appeal from Van Burén District Court. On the 25th February, 1856, complainants made their mortgage of certain real estate to respondent, Bonney, purporting to secure to him tbe sum of throe thousand dollars, payable twelve months from date. In April 1857, Bonney placed this mortgage in the hands of the proper sheriff, with a view to foreclose the same under chapter 118 of the Code. Thereupon the mortgagors filed this bill transferring the proceeding to the District Court, and setting up that the mortgage was given to secure a contingent liability; that one Belding as trustee for Ruddick held…
1Opinion of the CourtWright, C. J.
It is not claimed that the mortgagee, Bonney, is entitled to recover anything on account of the transaction out of which the mortgage arose.
The whole case turns upon the inquiry whether, under the circumstances, he is entitled to foreclose for the money advanced to Mills. He claims first, that he has established by competent evidence the agreement that the mortgage was to be thus held. Second, that though this agreement was made with the husband,, he held the title, and could therefore bind the land. Third, that if he did not hold the title, he was acting as the agent of the wife, and with…
2Cited by9 opinions
- Rowell v. KleinIndiana Supreme Court · 1873
- Brundage v. CheneworthSupreme Court of Iowa · 1897
- Miller v. DaytonSupreme Court of Iowa · 1877
- Fifield v. GastonSupreme Court of Iowa · 1861
- Sheppard v. ThomasSupreme Court of Kansas · 1881
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