Maley v. Mally
Supreme Court of Iowa
Appeal from Wi/ntiesMelc Circuit Corvrt. The plain tiffs brought this action for the possession of the N. E. J of section 14, and the E. J of the S. E. \ of the S. E. £ of section 24, township 97, range 9, alleging that they are the absolute owners of said property. The defendants answered alleging that about the 22d day of October, 1870, they owned and possessed the land in petition described.
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Appeal from Wi/ntiesMelc Circuit Corvrt. The plain tiffs brought this action for the possession of the N. E. J of section 14, and the E. J of the S. E. \ of the S. E. £ of section 24, township 97, range 9, alleging that they are the absolute owners of said property. The defendants answered alleging that about the 22d day of October, 1870, they owned and possessed the land in petition described. That they had executed and delivered to one Franz Mally a mortgage on said premises to secure the sum of about $5,000 and interest. That said Franz Mally being about to foreclose, for a valuable…
1Opinion of the CourtDay, J.
i uesadjutaSenotde" pleaded. — The stipulation of the parties, and the evidence introduced, establish the following facts: About the 22d day °í October, 1870, the defendants were in the possession of the premises described in the petition, an(j a£ jqie same time there was a mortgage on the same, given to Franz Mally, to secure the sum of about $8,000, with interest. On the 22d day of October, 1870, Franz Mally executed the written agreement set out in the original answer of the defendants. On the 17th day of July, 1871, Franz Mally executed an assignment of said mortgage, a copy of which is…
2Cases cited3 opinions
- Hackworth v. ZollarsSupreme Court of Iowa · 1870
- Dewey v. PeckSupreme Court of Iowa · 1871
- Lawrence Savings Bank v. StevensSupreme Court of Iowa · 1877
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