76 Iowa 496 | Iowa | 1889
II. In our opinion, this statute does not authorize the deposit made by defendant. The mortgages were executed before the enactment of the statute, which in section 1 provides that the deposit may be made when the debt secured is due, in case the mortgage was executed before the statute. But the debt was not due by the terms of the note when the deposit was made. Defendants’ counsel, however, claim that the debt secured by one of the mortgages was due and payable on demand, for the reason that the notes provide that, in case the holder may cjeem himself insecure, he may take possession of the property under the mortgage, and
IV. It is plain that defendants acquired the right to enforce the mortgages to the extent of the amount due thereon, and no further. So the district court found that the property in each case exceeded the amount of
Y. The plaintiffs in the first case, upon their appeal, insist that a demurrer by them -to defendants’ answer, setting up the right of defendants to equitable relief upon the facts alleged, was erroneously overruled. But the right of défendants to relief we have considered and settled in this opinion. Nothing further need be said upon the ruling on the demurrer.
The same plaintiffs also insist that the amount of the judgment in their favor, as found by the district court, is too small. We have „ considered the evidence bearing upon this point as just stated above. Other questions in .the,case need not be discussed. In our opinion, the cases on all the appeals should be
Aeeirmed.