Mally v. Mally
Supreme Court of Iowa
Appeal from Winneshieh Girouib Gourb. On the 1st day of January, 1867, the defendants, John Mally and wife, executed to plaintiff a mortgage upon the N. E. quarter of section M, and the S. E. quartervof the S. E, quarter of section 24, town. 97, range 9, to secure the sum of $3,800. Subsequently satisfaction of this mortgage was entered upon the record, and a mortgage, dated February 18, 1870, was executed on the same property to secure the said sum of $3,800, together with…
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Appeal from Winneshieh Girouib Gourb. On the 1st day of January, 1867, the defendants, John Mally and wife, executed to plaintiff a mortgage upon the N. E. quarter of section M, and the S. E. quartervof the S. E, quarter of section 24, town. 97, range 9, to secure the sum of $3,800. Subsequently satisfaction of this mortgage was entered upon the record, and a mortgage, dated February 18, 1870, was executed on the same property to secure the said sum of $3,800, together with the further sum of $1,320. Intermediate the dates of the first and second mortgages, A. Bradish obtained a judgment, by…
1Opinion of the Court
Day, Oh. J.
— I. The cause was heard in the court below upon oral testimony. It is claimed by appellant, and conceded by appellee, that it is properly triable by the first method of trying equitable issues. Henderson v. Legg, 16 Iowa, 487.
Appellant insists that by stipulation the evidence was reduced to writing by the court, and, with the exhibits, was to be taken as the record. He does not state that the cause was to he i/ried by the second method. The stipulation referred to is not incorporated into the abstract.
Appellee claims that there was no agreement as to the mode of trial, and that…
2Cases cited3 opinions
- State v. OrwigSupreme Court of Iowa · 1869
- Clagett v. ConleeSupreme Court of Iowa · 1864
- Henderson v. LeggSupreme Court of Iowa · 1864