Anson v. Anson
Supreme Court of Iowa
Appeal from Marshall District Court. Mortgage : foreclosure : redemption : takes, &g. — On. the 24th day of July A. D., 1860, the defendants, Alva and Alvira Anson, executed to the plaintiff a mortgage on certain real estate to secure a promissory note for $439.37, and some other indebtedness which plaintiff had become liable to pay as surety for defendant, Alva Anson.
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Appeal from Marshall District Court. Mortgage : foreclosure : redemption : takes, &g. — On. the 24th day of July A. D., 1860, the defendants, Alva and Alvira Anson, executed to the plaintiff a mortgage on certain real estate to secure a promissory note for $439.37, and some other indebtedness which plaintiff had become liable to pay as surety for defendant, Alva Anson. This mortgage was recorded July 28, 1860. The petition alleges that prior to the time of the execution of said mortgage, viz., October 1, 1856, said defendants, Alva and Alvira Anson, had mortgaged said premises .to one Burdett…
1Opinion of the CourtDillon, J.
i. poms-p£r?ies:E: junior mortgage, The plaintiff, a junior mortgagee, was not made a party to the foreclosure proceedings of the senior mortgagee, although it is averred that the latter had, at the time of the institution of those protii n i • • n cecdmgs, both actual and constructive notice or the rights of the former. Under these circumstances the principle is elementary and undisputed, unless altered by statute, that the second mortgagee is not barred of his right to foreclose against the mortgagor, or of his right to redeem from the first mortgagee or his assignee, or the purchaser at…
2Cases cited7 opinions
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Kramer v. RebmanSupreme Court of Iowa · 1859
- Goodman v. WhiteSupreme Court of Connecticut · 1857
- Ten Eyck v. CasadSupreme Court of Iowa · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Connecticut Mutual Life Insurance v. BulteMichigan Supreme Court · 1881
- McInerny v. ReedSupreme Court of Iowa · 1867
- Gower v. WinchesterSupreme Court of Iowa · 1871
- Hinchman v. MorrisWest Virginia Supreme Court · 1887
- Spurgin v. AdamsonSupreme Court of Iowa · 1883
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