Legal Opinion

Grant v. Parsons

Supreme Court of Iowa

Decided September 25, 1885PublishedCited by 4 opinions

Appeal from Clark District Court. ■ Plaintiff brought this action on two promissory notes executed by the defendants L. L. Parsons and O. F. Parsons, and to foreclose a mortgage given by them to secure said notes. D. S. Sigler was made a party defendant, and it was alleged in the petition that he asserted some interest in the mortgaged premises, but that such interest was junior to plaintiff’s mortgage.

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Appeal from Clark District Court. ■ Plaintiff brought this action on two promissory notes executed by the defendants L. L. Parsons and O. F. Parsons, and to foreclose a mortgage given by them to secure said notes. D. S. Sigler was made a party defendant, and it was alleged in the petition that he asserted some interest in the mortgaged premises, but that such interest was junior to plaintiff’s mortgage. He answered, alleging that he was the owner of a mortgage given by the defendants L. L. Parsons and O. F. Parsons to Twining Bros., and that the same was a lien on the premises covered by…

1Opinion of the CourtEeed, J.

There is no controversy as to the facts. Plaintiff’s mortgage covers two hundred and forty acres of land, forty acres of which is the homestead of the mortgagors. Defendant’s mortgage is junior to plaintiff’s, and it covers all of the land covered by plaintiff’s, except the homestead. The question is as to the extent of the interest which defendant is entitled to have assigned to him upon the payment by *33him of the amount of the debt secured by plaintiff’s mortgage. Ilis claim is that under Code, § 3323, he is entitled to have the whole of the interest of plaintiff under her mortgage assigned…

2Cited by4 opinions

  1. Frank v. ArnoldSupreme Court of Iowa · 1887
  2. Gaumer v. Hartford-Carlisle Savings BankSupreme Court of Iowa · 1990
  3. Knox v. MoserSupreme Court of Iowa · 1887
  4. Sutherland v. TynerSupreme Court of Iowa · 1887

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