Iowa Loan & Trust Co. v. Kino
Supreme Court of Iowa
Appeal from Polk Circuit Court. Action to foreclose a mortgage executed by W. H. King. Ellen A. King was made a defendant and set up title in herself. W. H. King was served by publication, and failing to appear, a default was entered against him. Upon a trial on the merits, the petition was dismissed as to defendant, Ellen A. King. Plaintiff appeals.
1Opinion of the CourtBeck, J.
I. The petition prays for the foreclosure of a mortgage executed by W. H. King, in 1875, upon a lot in the city of Des Moines, and shows that the other defendant *599asserts some claim and interest in the property, which, it is alleged, is inferior and subject to plaintiff’s mortgage. Ellen A. King, in her answer, avers that she is the owner of the property, and was at the time of the execution of the mortgage, and never assented thereto; that she purchased and paid for the mortgaged property, and that the deed therefor was wrongfully made to her co-defendant, W. H. King, who holds the lot in…
2Cases cited1 opinion
- Thomas v. KennedySupreme Court of Iowa · 1868
3Cited by11 opinions
- Kirby v. TallmadgeSupreme Court of the United States · 1896
- Lindley v. MartindaleSupreme Court of Iowa · 1889
- Bisby v. WalkerSupreme Court of Iowa · 1918
- Florida Land Investment Co. v. WliliamsSupreme Court of Florida · 1922
- Elliot v. LaneSupreme Court of Iowa · 1891
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