Deland v. Mershon
Supreme Court of Iowa
Appeal from the Jasper District Court. Merslion & Bros, executed their promissory note to complainant, and to secure it, the respondents made a mortgage, to foreclose which this suit is brought. To the petition, there was a demurrer for want of proper parties, which was overruled. Decree in favor of complainant, and defendants appeal.
1Opinion of the CourtWright, C. J.
The demurrer, in its assignment of causes, is quite general — stating that there is a non-joinder and misjoinder of parties, without specifying particularly how, or in what manner. Without sanctioning this method of demurring, we shall consider the objections as stated in the argument. '.
This was a proceeding to foreclose a mortgage. The mortgage was made to secure a debt from Mershon & Bros. The holder had a right to sue upon the note, or upon the mortgage. Code, section 2086. lie seems to have elected to bring his suit upon the security. Mershon & Bros., were not necessary parties to this…
2Cited by7 opinions
- McGlaughlin v. O'RourkeSupreme Court of Iowa · 1861
- First National Bank v. HooverSupreme Court of Kansas · 1923
- Christner v. BrownSupreme Court of Iowa · 1864
- Newbury v. RutterSupreme Court of Iowa · 1874
- Anderson v. ReedSupreme Court of Iowa · 1860
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