38 Iowa 364 | Iowa | 1874
In our view also, it is quite competent for the plaintiff to bring his action upon the award and to ask a foreclosure of the mortgage to satisfy it. Such an action is not different in principle from an action upon a note and for the foreclosure of a mortgage given to secure it. Nor is it different from the action this plaintiff might have brought, in the absence of any award, upon the breach of the covenant of warranty, and for the foreclosure of the mortgage given expressly to secure the damages for such breach. Indeed, it is such an action, in effect; for the award stands as a verdict of a jury ascertaining and settling the amount of damages the plaintiff is entitled to for such breach, and he simply asks the foreclosure of the mortgage to satisfy it. Linder v. Lake, 6 Iowa, 164.
In this case the parties submit to arbitration their “ business pertaining to a trade in land.” There is no complaint, either in the pleadings or by the testimony of the parties, each of whom gave evidence on the trial below, but that the arbitra-. tors considered the very matter submitted and none other, and that their award covered all questions involved. If there was uncertainty in the submission, it is rendered certain by the evidence.
Affirmed.