Brown v. Mallory
Supreme Court of Iowa
Appeal from Tama District Court. The defendant in this proceeding .instituted an action to foreclose a certain mortgage, making plaintiff herein, John Brown, and one. John Luscomb defendants. A decree was had, foreclosing said mortgage, at the September Term, 1867, of the Tama District Court, upon default of both of said defendants to appear. September 8, 1868 (less than one year after the rendition'of said decree), plaintiff commenced this proceeding.
Read the full summary
Appeal from Tama District Court. The defendant in this proceeding .instituted an action to foreclose a certain mortgage, making plaintiff herein, John Brown, and one. John Luscomb defendants. A decree was had, foreclosing said mortgage, at the September Term, 1867, of the Tama District Court, upon default of both of said defendants to appear. September 8, 1868 (less than one year after the rendition'of said decree), plaintiff commenced this proceeding. The petition asks that said decree be vacated and set aside, and that a new trial be grapted. The grounds of relief are sufficiently set out…
1Opinion of the CourtBeck, J.
1. Jurisdiction: originai notice The objections to the action of the District Court are founded upon the decision overruling the demurrer of defendant to plaintiff’s petition, and _ _ , , , upon the decree, because it was rendered witii-out evidence in support of the allegations of the petition. The grounds of the demurrer are that the petition contains no sufficient statement of facts to entitle plaintiff to the relief prayed for, and that it shows plaintiff has an adequate remedy at law.
The petition avers, that plaintiff is the owner in fee of the land covered by the decree of foreclosure;…
2Cases cited2 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Hand v. ArmstrongSupreme Court of Iowa · 1865
3Cited by9 opinions
- Clark v. HaneyTexas Supreme Court · 1884
- Riddle v. BeattieSupreme Court of Iowa · 1889
- Credit Industrial Corporation v. MillerSupreme Court of Iowa · 1963
- Minear v. HoggSupreme Court of Iowa · 1895
- Rotch v. Humboldt CollegeSupreme Court of Iowa · 1893
4 more not listed; retrieve them via the Exa API.