60 Iowa 190 | Iowa | 1882
On the 12th day of December, 1876, the plaintiff borrowed from defendant, Mary A. Linder, $5,000, and executed therefor his promissory note, payable in five years, with interest at ten per cent per annum, payable annually. The note provides that interest in arrears shall draw ten per cent until paid, and that, in case of the non-payment of interest when due, the whole sum shall become due at the holder’s option. To secure this note the plaintiff executed a mortgage upon three hundred and thirty acres of land. On the 29th day of April, 1878, no part of the interest on this note having been paid, the plaintiff and his wife executed an absolute deed of all the mortgaged lands to defendant, Mary A. Linder, for the consideration of $6,315, the grantors reserving the possession free of rent until March 1, 1879. In August, 1878, the note in question was delivered to the plaintiff, his name having been torn off, and he received it and marked upon the back in pencil, “lifted.” After the 1st of March, 1879, the evidence shows that plaintiff occupied a portion of the premises for another year, under an oral lease, and that defendants executed a written lease of a part of the premises to one Harper. On the 29th day of January, 1880, the plaintiff, in writing, leased from Mary A. Linder all the premi
In our opinion the judgment of the court below should be
Affirmed.