105 Iowa 209 | Iowa | 1898
— The promissory note upon which plaintiff’s demand for relief is based was given to the plaintiff by one John Thorman on the first day of January, 1894. At that time Thorman was the owner of several hundred acres- of land in Fayette county, and agreed orally to give a mortgage upon that land to secure the note, but failed to do so. On the first day of March, 1894, he conveyed the land by warranty deed to C. E. Brown. This action was commenced in August of the same year to recover the amount due on the note, and to enforce the verbal agreement of Thorman as an equitable mortgage of the land. Thorman and Brown were made parties defendant and filed separate answers. The cause was afterwards dismissed as against Thor-man, and he then filed a petition of intervention. Brown denies that he had any knowledge of .an agreement to-mortgage the land when he purchased it, and denies that such an agreement was made. Thorman bases his right to intervene upon the covenants of his deed to
The conclusion we reach as to the merits of the case renders it unnecessary to consider numerous questions presented in argument, as their determination could not affect the disposition of the case we find it necessary to make. The record does not show any -error prejudicial to the appellant. The decree of the district court is fully sustained by the evidence, and it is affirmed.