81 Iowa 749 | Iowa | 1890
I. The mortgage was executed to secure a debt of fifty dollars by Mary A. Estes. It covers twelve acres of ground. The mortgagor, who subsequently died, devised the land for life to defend ant, J. H. Estes, a son, and directed in her will that, upon his death the property should be sold, and the'proceeds divided among her other children and grandchildren. The defendants in their answer allege, that the mortgage was paid by J. H. Estes to plaintiff, the assignee thereof.
III. Plaintiffs insists that the contract set up by defendant was made on Sunday, and, therefore, cannot be enforced. This position is not sustained by the evidence. Negotiations may have been had on Sunday, but the contract was agreed to and consummated on another day.
It is our opinion that the decree of the district court ought to be -AFFIRMED.