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DE PENNING v. BEDELL

No. 47727.

44 N.W.2d 385 (1950)

DE PENNING et al. v. BEDELL et al.

Supreme Court of Iowa.

Rehearing Denied January 12, 1951.

Attorney(s) appearing for the Case

Campbell & Campbell, Brierly & McCall, and Hammer & Matthias, all of Newton, for appellants.

P. J. Siegers, of Newton, for appellee Bedell, as executor.

Bray, Carson & McCoy, of Oskaloosa, for appellees Harry, Fred and Arie DePenning.

SMITH, Justice.

This $9,000 real estate mortgage was executed by Peter DePenning and wife October 21, 1932. It purported to secure three $3,000 notes, due October 21, 1942, payable respectively to Lain DePenning (deceased in 1938) and plaintiffs, Ed DePenning and Nellie Waring, children of mortgagors. Plaintiff Rosa DePenning is the widow, and plaintiffs Leona Lanphier and La Verna Blackwood, the children, of Lain De Penning.

Peter DePenning died in 1948,...

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