123 Iowa 464 | Iowa | 1904
Defendant Andrew Eksell purchased a farm of forty acres in Webster county, Iowa, in May, 187 6, from one Morley. He immediately moved'upon the land, and occupied it as a homestead down to the time this action was commenced. In the year 1895 he sold the same to his daughter Alma, and her claim thereto will be considered during the course of this opinion. In 1878 defendant Andrew Eksell borrowed the sum of $90 from the plaintiff, and executed his note to him therefor. At the time of the purchase of the land Andrew Eksell executed a note for $150 to Morley, and secured it by a mortgage upon the premises. Thereafter this note was paid, and a new one was executed to the German Savings Bank of Davenport, Iowa. Certain minor transactions between plaintiff and Eksell were had, but the most of these were fully settled prior to the year 1883. In that year, however, Eksell solicited plaintiff for a loan of $200. At that time plaintiff was acting as agent for Magnusson, and he agreed to furnish the money to Eksell,. and did so, the note being given to Magnusson, with a mortgage to secure the same, executed by Eksell and his wife upon the forty acres of land purchased from Morley. This note is the one, which by its terms,^ matured December 17, 1888. After 1883 plaintiff, at Eksell’s request, paid the interest on the mortgage to the. German Savings Bank down until the year 1888, at which time Eksell again applied to him (plaintiff), for a loan sufficient to pay the last named mortgage promising to give a new mortgage on the farm covering his entire indebtedness to plaintiff. Pursuant thereto plaintiff paid the mortgage to the German Savings Bank, but defendant failed and neglected to make the mortgage. Thereafter
Something is said about the equities of the case. They do not seem to preponderate in favor of either party. Andrew Eksell was a poor manager. Eor years he depended upon plaintiff to furnish him money from time to time, in order that he might hold his land. Plaintiff borrowed the money from others, and took all chances on receiving it back. He carried defendant along from year to year, with the indebtedness constantly growing larger. He was finally compelled to take judgment, and is now enabled to secure but a part thereof. Alma Eksell did not arrive at her majority until (lie year 1895 or 1896. She was supported and cared for at home during a part of her minority, and was not entitled to compensation for her services. She took her deed in 1895 with knowledge of plaintiff’s mortgage. It is doubtful if any contract was made at any time to pay her for her services. She remained at home after the execution of the deed as a member of the family, and received support therefrom. She paid nothing for the land, and, as we have said, we think the deed was made to her by her father to defeat the claims of his creditors. That it did not and could not have that effect is immaterial' to the point now under discussion. Plaintiff gets but a paid of his debt, and defendants seem to have all they are entitled to.
The decree is right, and it is aeeirmed.