Easton v. Hanson

Supreme Court of Iowa

Easton v. Hanson

12 N.W. 144, 58 Iowa 753

DecidedApril 20, 1882

StatusPublished

This text of 12 N.W. 144 (Easton v. Hanson) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Easton v. Hanson, 12 N.W. 144, 58 Iowa 753 (iowa 1882).

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Opinion

Rothrock, J.

The casé involves no question of law. The evidence as to

whether or not the note in controversy, or rather the note for which the one in suit is a substitute, was secured by the mortgage, is one of fact only, and on which the evidence is very nearly balanced. After a careful examination of the record, we are led to the conclusion that the Circuit Court correctly found that the preponderance is with the defendant. We are led to this conclusion mainly by the fact that the original note was not made payable to the mortgagee, and that a chattel mortgage was taken to secure its payment. We are also influenced, to a large extent, by the testimony of the witness Stowell, one of the mortgagors.

It is not to be expected that we will set out or discuss the evidence. The announcement of our conclusion on a question of fact is sufficient.

Affirmed .

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Rothrock, J.

The casé involves no question of law. The evidence as to

whether or not the note in controversy, or rather the note for which the one in suit is a substitute, was secured by the mortgage, is one of fact only, and on which the evidence is very nearly balanced. After a careful examination of the record, we are led to the conclusion that the Circuit Court correctly found that the preponderance is with the defendant. We are led to this conclusion mainly by the fact that the original note was not made payable to the mortgagee, and that a chattel mortgage was taken to secure its payment. We are also influenced, to a large extent, by the testimony of the witness Stowell, one of the mortgagors.

It is not to be expected that we will set out or discuss the evidence. The announcement of our conclusion on a question of fact is sufficient.

Affirmed .

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Bluebook (online)

12 N.W. 144, 58 Iowa 753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/easton-v-hanson-iowa-1882.