Poole, Gilliam & Co. v. Johnson
Supreme Court of Iowa
Appeal from Kossuth Circuit Court. AotioN in chancery to enforce the right of a junior mortgagee to redeem from a sale of the mortgaged premises upon a decree foreclosing a senior mortgage, on the ground that the junior mortgagee was not made a party to the proceeding foreclosing the senior mortgage. A decree authorizing redemption, upon the payment of a sum therein specified, was entered. Plaintiffs appeal.
1Opinion of the CourtBeck, J.
I. Plaintiffs complain of the amount which the decree of the court in this case requires them to pay in order to redeem from the senior mortgage. Their request to redeem is hardly controverted by defendant. But plaintiffs insist that from the mortgage debt certain rents should be deducted, and it is insisted in argument that, after this is done, nothing will be due defendant. The facts are fully embodied in an agreed statement. Other evidence was introduced *612upon the point of defendant’s good faith in making improvements upon the premises and in removing them. We find the essential and…
2Cases cited8 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Putnam v. RitchieNew York Court of Chancery · 1837
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Troost v. DavisIndiana Supreme Court · 1869
- Green v. DixonWisconsin Supreme Court · 1859
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3Cited by6 opinions
- Beach v. OsborneSupreme Court of Connecticut · 1902
- Hunter v. CoeNorth Dakota Supreme Court · 1903
- Coughanour v. HutchinsonOregon Supreme Court · 1902
- Boatmen's Savings Bank v. GreweSupreme Court of Missouri · 1890
- American Loan & Trust Co. v. Atlanta Electric Ry. Co.U.S. Circuit Court for the Northern District of Georgia · 1899
1 more not listed; retrieve them via the Exa API.