Legal Opinion

Benjamin v. Petersen Heat, Light & Power Co.

Supreme Court of Iowa

Decided June 18, 1915PublishedCited by 4 opinions

Appeal from Hardin District Court. — Hon. R. M. Wrtght, Judge. Action in equity to foreclose a mortgage. Decree for plaintiff. Defendants appeal.

1Per curiam

We cull from the record the following statement which we think fairly states the case. The Iowa Falls Electric Light & Power Company, while the owners of an electric light plant at Iowa Falls, executed three mortgages. The second, securing notes aggregating some $14,-000.00, was owned by the plaintiff. Default was made and this action commenced to' foreclose.

• The contentions of the defendant are, substantially, that in 1910, a former bill was filed to foreclose the same mortgages, which proceeded until April 7, 1910, when formal decree of foreclosure was rendered; that is, a draft of a…

2Cases cited1 opinion

  1. Gilman v. HeitmanSupreme Court of Iowa · 1907

3Cited by4 opinions

  1. Walters v. HeatonSupreme Court of Iowa · 1937
  2. Interfirst Bank, Dallas, Texas v. HansonSupreme Court of Iowa · 1986
  3. State v. LeftwichSupreme Court of Iowa · 1933
  4. Carter v. McClainSupreme Court of Iowa · 1932

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