McClure v. Burris
Supreme Court of Iowa
Appeal from Louisa District Court— SATISFACTION OF MORTGAGE-THE MAJORITY OPINION IN THE BANK OF THE STATE OF INDIANA V. ANDERSON, 14 IOWA, 544, FOLLOWED. On the 23d of January, 1856, one Coleman executed to the defendant, N. W. Burris, thrée promissory notes for $600 each, payable in-six, nine and twelve months, and executed a mortgage on certain real estate in Louisa county, which was duly recorded, to secure the payment of the notes.
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Appeal from Louisa District Court— SATISFACTION OF MORTGAGE-THE MAJORITY OPINION IN THE BANK OF THE STATE OF INDIANA V. ANDERSON, 14 IOWA, 544, FOLLOWED. On the 23d of January, 1856, one Coleman executed to the defendant, N. W. Burris, thrée promissory notes for $600 each, payable in-six, nine and twelve months, and executed a mortgage on certain real estate in Louisa county, which was duly recorded, to secure the payment of the notes. On the Ilth day of February, 1856, Burris sold and assigned.said;notes to the plaintiff, McClure. On the 1st.day of December, 1856, Burris.caused satisfaction…
1Opinion of the Court
The conclusion of the Court was announced by—
Cole, J.
This case involves the identical question decided in the case of The Bank of the State of Indiana v. Anderson and others, 14 Iowa, 544. The decision in that case was made by a majority of the court as then constituted, Mr. Justice Lowe, who still adheres to the same opinion, dissenting. As an original question, it is full of difficulty. In behalf of the plaintiff McClure, it may be said that his right is clear, under the well recognized rule that where the equities are equal the prior legal right shall prevail. While the- defendants, Beatty…
2Cases cited2 opinions
- Bank of the State v. AndersonSupreme Court of Iowa · 1863
- Ely v. ScofieldNew York Supreme Court · 1861
3Cited by10 opinions
- Reeves v. HayesIndiana Supreme Court · 1884
- Whipple v. FowlerNebraska Supreme Court · 1894
- Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
- Bowling v. CookSupreme Court of Iowa · 1874
- Jenks v. ShawSupreme Court of Iowa · 1896
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