Logan v. Miller
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. G-. W. Burn-ham, Judge. Action to charge the defendant with a certain indebtedness secured by mortgage on lands which were conveyed to the defendant upon an alleged agreement expressed in the deed whereby defendant assumed and agreed to pay said mortgage indebtedness. Defendant answered, as will hereafter appear, and the plaintiff demurred to the answer.
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Appeal from Marshall District Court. — Hon. G-. W. Burn-ham, Judge. Action to charge the defendant with a certain indebtedness secured by mortgage on lands which were conveyed to the defendant upon an alleged agreement expressed in the deed whereby defendant assumed and agreed to pay said mortgage indebtedness. Defendant answered, as will hereafter appear, and the plaintiff demurred to the answer. The demurrer being overruled, .and plaintiff electing to stand thereon and refusing to further plead, judgment was entered dismissing his petition, from which he appeals.'
1Opinion of the CourtGiven, J.
I. The petition alleges, in substance, as follows : That William and Adeline Barnard were indebted to plaintiff in the sum of one thousand dollars, for which they gave their promissory note and mortgage on certain land in Nebraska; that thereafter defendant purchased said land from said Barnards, and received a warranty deed therefor, “by the terms of which he covenanted and agreed to pay the aforesaid indebtedness of the Barnards to this plaintiff as a part of. the purchase money for the said premises, and made said indebtedness, and all of it, his own.” The deed set out is dated April 12,…
2Cases cited3 opinions
- McClain v. McClainSupreme Court of Iowa · 1879
- DeGoey v. Van WykSupreme Court of Iowa · 1896
- Lawton v. BuckinghamSupreme Court of Iowa · 1863
3Cited by18 opinions
- Mallard v. EwingSupreme Court of Florida · 1935
- In re Listing & Assessing Property of Shields Bros.Supreme Court of Iowa · 1907
- Peters v. GoodrichSupreme Court of Iowa · 1921
- Nissen v. SabinSupreme Court of Iowa · 1927
- Hall v. KarySupreme Court of Iowa · 1907
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