10 Iowa 301
Decided April 4, 1860
Supreme Court of Iowa · decided 1860-04-04
The plaintiff, by ber petition, claimed of “the defendants, Mathew Chambers and Mary Chambers, a judgment of the foreclosure of a mortgage,” and “judgment against Mathew Chambers, for the sum of $550 on a promissory note executed by him to plaintiff.” The original notice notified the defendants that plaintiff claimed of them judgment on a note and a foreclosure of the mortgage, “given to secure the payment of the same.” Defendants moved to quash the notice, because it did…
Decided 1860-04-04
¶1A motion in this case was made to quash the original notice, upon the ground that there was a variance between it and the petition. The motion was very properly overruled. This is the only error relied upon in this court. No such variance exists, and the judgment below is affirmed with one per cent damages.
¶2Judgment affirmed.