Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 130)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1906 Excerpt: ... It is next objected that the notice is not sufficient in form, in that it is not as specific as the statute requires. To this we cannot agree. While the statement is, perhaps, not -very formal, we think it contains in substance 2. Statement ' rn'm'Ss: a11 that the statute requires. It shows the sufficiency. original consideration to have been the sale of goods, wares, and merchandise to the amount of $350, that such indebtedness was evidenced by the promissory note described in the mortgage in controversy, and that no part of the same had been paid. The ascertainment of the amount of interest thereon, if any, was a matter of mere arithmetical computation, the omission of which could mislead no one, and its omission from the statement was immaterial. It is perhaps true that, had the mortgage debt been an open, unsettled account, an itemized statement thereof could have been insisted upon; but that question does not arise in this case. All other objections raised by the appellant are governed by our holding upon those we have discussed, and none of them disclose prejudicial error. The judgment of the district court is therefore affirmed. Percival-porter Co., Appellant, v. Jesse Oaks and Lydia Oaks, Bond for deed: Evidence Of Trust. A recorded bond for a deed is 1 sufficient evidence that the obligee holds the legal title to the land under an obligation to convey it when the indebtedness recited therein is paid. Bond for a deed: Surrender Of Consideration: Effect. The vol 2 untary surrender of a note evidencing the amount due under a bond for a deed, with words indicating that it was surrendered as a gift, operates to release any beneficial interest the original owner had in the land. Laches. The fact that the beneficial owner of property permitted 3 th...