Spurgin v. Adamson
Supreme Court of Iowa
Appeal from Warren Circuit Court. ActxoN by a junior incumbrancer to redeem from a mortgage which had been foreclosed without making the incum-brancer a party to the foreclosure proceeding. The relief sought by plaintiff was granted by the decree of the circuit court.. Defendant and an intervenor appeal. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
I. The facts, as shown by the evidence and the admissions of the pleadings, are as follows:
1. November 30, 1872, Nathan Adamson and his wife, Amy J., executed a mortgage upon the S. -i¿-, S. W. Sec. 12, Twp. 75, R. 22 W. 5 P. M., to W. II. Schooley, upon which a decree of foreclosure was rendered, March 6,1877, for $354.60, and the land was sold thereon in separate paroles to Hugh R. Creighton, the east “forty,” less three acres, for $300, and the west “forty,” less three acres, for $87.50. The west “ forty” was the homestead of Nathan Adamson and wife. The sheriff’s certificates issued upon…
2Cases cited5 opinions
- Montgomery v. ChadwickSupreme Court of Iowa · 1858
- Johnson v. HarmonSupreme Court of Iowa · 1865
- Anson v. AnsonSupreme Court of Iowa · 1865
- Douglass v. BishopSupreme Court of Iowa · 1869
- Holliday v. ArthurSupreme Court of Iowa · 1868
3Cited by18 opinions
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Moser v. Thorp Sales Corp.Supreme Court of Iowa · 1977
- Bank of Luverne v. TurkSupreme Court of Alabama · 1930
- Wells v. OrdwaySupreme Court of Iowa · 1899
- First National Bank & Trust Co. v. MacGarvieSupreme Court of New Jersey · 1956
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