O'Connell v. Cotter
Supreme Court of Iowa
Appeal from Clinton Circuit Court. The plaintiff brought an action to foreclose a mortgage executed by defendants. A judgment by default was rendered, foreclosing the mortgage, and for the amount due on the note secured thereby-. A special execution was issued, and thereunder tbe mortgaged premises were sold to -one Gerhard; afterward, a motion was made by the defendants to set aside the foreclosure of the mortgage and the sale of the premises to Gerhard, on the ground that…
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Appeal from Clinton Circuit Court. The plaintiff brought an action to foreclose a mortgage executed by defendants. A judgment by default was rendered, foreclosing the mortgage, and for the amount due on the note secured thereby-. A special execution was issued, and thereunder tbe mortgaged premises were sold to -one Gerhard; afterward, a motion was made by the defendants to set aside the foreclosure of the mortgage and the sale of the premises to Gerhard, on the ground that no foreclosure was asked in the petition. Before this motion was determined the plaintiff filed a motion to correct the…
1Opinion of the Court
Seevers, Ch. J.
I. The petition described the note and mortgage in the ■usual and proper manner, and asked judgment for the amount due on the note, but did not ask a foreclosure of the mortgage.
1 jtxrisdio notice: pleat-ins The notice, which was duly served on the defendants, notified them that the plaintiff claimed a certain sum of money ®n a promissory note, and the foreclosure of a mortgage, and unless they appeared and defended a judgment would be rendered in accordance with the “prayer of the petition.” That portion of the judgment foreclosing the mortgage was erroneous. The relief…
2Cases cited2 opinions
- Seevers v. HamiltonSupreme Court of Iowa · 1860
- Hodge v. SawyerWisconsin Supreme Court · 1874
3Cited by10 opinions
- Weidert v. Monahan Post Legionnaire Club, Inc.Supreme Court of Iowa · 1952
- Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Gray v. SanbornSupreme Court of Iowa · 1916
- Bacon v. Iowa Central Railway Co.Supreme Court of Iowa · 1912
- Hackney v. TowerSupreme Court of Iowa · 1967
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