Klempp v. Northrop

COOPER, C.

Appeal from judgment and decree of foreclosure. The sole point made by appellant is, that at the time the mortgage was made the land described therein was government land of the United States, and that, as appellant afterwards acquired title thereto under the homestead laws, the land was not liable for the debt secured by the mortgage; It is claimed that under section 2296 of the Revised Statutes of the United States the land is not liable for the debt contracted prior to the issuance of the patent. The claim is without merit. The mortgage was a voluntary conveyance by the mortgagor…