83 Iowa 590 | Iowa | 1891
I. The findings of facts are to the following effect: The intestate was indebted to the intervener, who was his mother, in the sum of twelve hundred dollars, secured by a mortgage upon real estate. He sold the mortgaged property, and so advised his mother, and requested her to release the mortgage, and retain the note, and proposed to hold the money, and reinvest it for her and in her name. The intervener complied with this request, and sent the
II. The counsel for the administratrix maintains that the facts show the transaction to be the discharge of a mortgage security, thereby releasing the claim or lien of the mother against the specific money deposited. Counsel are right in their conclusions that the mother would, after the release of the mortgage, without more, have no claim on the money. A mortgage released to permit a sale of the property free from its lien would not bind the money received in payment for the property. But the facts show something more in the form of an agreement between the parties, to the effect that the money was to be held and invested for the mother. The intestate became the agent and trustee of his mother by this agreement, and acted in pursuance of