Myers v. Schwieger
Supreme Court of Iowa
Appeal from Franklin District Court. — R. M. Wright, Judge. Two cases involving the same subject-matter were tried at the same time in the court below, and are presented here upon the same arguments. They involve a controversy between mortgagees of real estate as to the present priority of their mortgages. The mortgage of the Franklin County State Bank was originally a first mortgage, and that of Myers, trustee, was a second mortgage.
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Appeal from Franklin District Court. — R. M. Wright, Judge. Two cases involving the same subject-matter were tried at the same time in the court below, and are presented here upon the same arguments. They involve a controversy between mortgagees of real estate as to the present priority of their mortgages. The mortgage of the Franklin County State Bank was originally a first mortgage, and that of Myers, trustee, was a second mortgage. There was a foreclosure suit brought upon the first mortgage. A decree was entered for all past-due interest, and the cause was continued as to the principal…
1Per curiam
1. Mortgages: foreclosure: loss of priority by partial foreclosure. — The first of the above-entitled cases is a suit in mandamus, brought by Myers against the sheriff, to compel the issuance to him of a sheriff’s deed, pursuant to his purported redemption. The second is a foreclosure suit, the same being supplemental to the original foreclosure action, and being prosecuted to foreclose the mortgage as to the principal sum after the same had become due. This suit also involved the question of the priority of the mortgage thus foreclosed. We shall address ourselves to the question involved,…
2Cases cited1 opinion
- Burns v. HanbySupreme Court of Iowa · 1918
3Cited by3 opinions
- Guaranty Life Insurance v. SchmidtSupreme Court of Iowa · 1940
- Lincoln Joint Stock Land Bank v. WilliamsSupreme Court of Iowa · 1933
- Green Bay Lumber Co. v. LeitzenSupreme Court of Iowa · 1927