10 Iowa 571 | Iowa | 1860
The history of this case is as follows : On tbe 31st December, 1856, Dennis A. Mahony and Patrick Mulligan and their wives, executed and delivered to Dennis Dargin a mortgage deed on certain real estate in tbe city of Dubuque, for tbe sum of §4,071.25, to secure the payment of tbe following promissory notes, making in tbe aggregate that sum: First note, §1,000, payable 1st May, 1857; second note, §1,000, payable 1st October, 1857; third note, §500, payable 1st April, 1858; fourth note, $500, payable 1st October, 1858; fifth note, §500, payable 1st April, 1859; sixth note §571.25, payable 1st October, 1859. On the 16th of March, 1857, Mulligan and wife sold out their interest in the mortgaged premises to Mahony, who assumed the above incumbrance.
Afterwards, on the 1st of November, 1858, Mahony and wife, for the consideration of §3,181, sold the premises to Gerhard Beeker, with a covenant in the deed “that the premises were free from all incumbrances except a mortgage given by Mahony and Mulligan to Dennis Dargin.” In recording the mortgage first above named the Recorder omitted to describe the fifth note of §500, falling due 1st of April, 1859. On this note Dargin now seeks to foreclose the mort
Judgment affirmed.