Kramer v. Rebman
Supreme Court of Iowa
Appeal from the Dubuque District Court. This was a proceeding to foreclose a mortgage. To the petition there was a demurrer which was sustained, and from this ruling plaintiff appeals. The material facts appear from the opinion of the court. cited Sands v. Wood, 1 Iowa 266; 2 Story’s Eq. Jur. sec’s 1322 and 1323; Ottawa Plank Moad Co. v. Murray, 15 HI. 336; The West Branch Dank v. Chester, 11 Penn. State R. 288; 2 Hilliard Mort. 108.
1DissentWoodwakd, J.
dissenting. — I am unable to concur in the foregoing opinion upon the point relating to redemption. The opinion adopts with sufficient correctness, the thought that the Code consists of general and special provisions. It then classes the chapter relating to mortgages, with the special provisions, and those relating to actions and executions with the general ones. Whichever course the mortgagee pursues to foreclose upon his mortgage, whether a suit or bill in equity, or the sheriff’s summary proceeding, (now repealed,) it regards him as operating within the special provisions. This is the…
2Cases cited1 opinion
- Carroll v. ReddingtonSupreme Court of Iowa · 1858