THE case is stated in the opinion.
MR. JUSTICE MILLER delivered the opinion of the court.
In the spring of the year 1865 Sage O. Butler made and delivered to Isett & Brewster, a banking firm of Muscatine, Iowa, his five several promissory notes, for two thousand dollars each, payable to their order in one, two, three, four, and five years from date; and, at the same time, made and delivered to them a mortgage on certain real estate to secure the payment...
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