Mathes v. Cover
Supreme Court of Iowa
Appeal from Keokiik Cireuit Court. Action for the recovery of real estate. Plaintiff claims under a tax deed. Defendant claims under a sheriff ’s deed executed in pursuance of a sale upon foreclosure of a mortgage made by the holder of the patent title. The tax sale occurred after the execution of the mortgage, and was. void, as the evidence shows, by reason of a fraudulent combination between the purchaser and other bidders. The answer sets up the fraudulent combination.
Read the full summary
Appeal from Keokiik Cireuit Court. Action for the recovery of real estate. Plaintiff claims under a tax deed. Defendant claims under a sheriff ’s deed executed in pursuance of a sale upon foreclosure of a mortgage made by the holder of the patent title. The tax sale occurred after the execution of the mortgage, and was. void, as the evidence shows, by reason of a fraudulent combination between the purchaser and other bidders. The answer sets up the fraudulent combination. The reply sets up a former adjudication, to-wit: a recovery of the property in question in a suit by plaintiff’s grantor…
1Opinion of the CourtAdams, J.
I. The principal question in this case arises upon the ruling of the Circuit Court, that the defendant was not estopped by the recovery in the suit brought for possession *513of tbe property by plaintiff’s grantor against the mortgagor in the mortgage under which, npon foreclosure, the property was sold to the defendant. It is said that not only the mortgagee but the purchaser at the foreclosure sale is privy in estate with the mortgagor.
It is doubtless true that a mortgagee is^ in some respects privy in estate with the mortgagor. State v. Eads, 15 Iowa, 114.
Where he is so the purchaser at the…
2Cases cited1 opinion
- State v. EadsSupreme Court of Iowa · 1863
3Cited by9 opinions
- Keokuk & Western Railroad v. MissouriSupreme Court of the United States · 1894
- Elwell v. New England Mortgage Security Co.Supreme Court of Georgia · 1897
- Seymour v. WallaceMichigan Supreme Court · 1899
- McElroy v. AllfreeSupreme Court of Iowa · 1906
- Johnson v. TuttleSupreme Court of Vermont · 1936
4 more not listed; retrieve them via the Exa API.