107 Iowa 259 | Iowa | 1899
The plaintiffs are executors of the estate of William Garner, deceased, and the defendant Mary E. Matheson is one of his daughters, and the defendant Henry O. Matheson is her husband. On the first day of June, 1885, the defendants made to the order of W. B. Somers their promissory note for the sum of two thousand five hundred dollars, payable five years after its date, and a, trust deed on one hundred and ninety and one-half aeres of land oAvned by Mrs. Matheson, to secure its payment. On the same day the defendants executed to J. W. Squire, trustee, their two mortgage notes, each of which was for the sum of one hundred and eighty-seven dollars and fifty cents, one payable May 1, 1886, and the other one year* later. Squire Avas also the trustee named in the trust deed. In September, 1887, the payee of the notes and the trustee duly transferred to Garner the three notes, and the mortgages given to* secure their payment, and an assignment of the trust deed was recorded on the twenty-
II. Notwithstanding the conclusion already stated, we have carefully examined the evidence, and conclude therefrom that, if the plea of a former adjudication be disregarded, the result must be the same. Much incompetent evidence was submitted, but the competent evidence shows that the decedent did not intend to pay the notes and satisfy the mortgages by his purchase of them, but that he intended to hold them as a valid claim against the defendants, in part to prevent the giving of other mortgages upon the mortgaged property, and thus secure to the daughter a home. He had distributed a considerable amount of property among his heirs prior to his death, giving to each an amount in value substantially the same as that given to every other one, and Mrs. Matheson had received her full share. She appears to be somewhat disabled physically, but there is no ground for claiming that the foreclosure of the mortgages will deprive her of her home. The decree of the district court is fully sustained by the evidence, and it is affirmed.