Tuttle v. Dewey
Supreme Court of Iowa
Appeal from Polk District Court. Action to redeem from a foreclosure sale. The plaintiffs are junior mortgagees and were made defendants in the foreclosure suit. The defendant in this suit was the holder of the senior mortgage, and purchased at the foreclosure sale. Within the time allowed by statute for redemption, these plaintiffs tendered the amount of the defendant’s bid with interest.
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Appeal from Polk District Court. Action to redeem from a foreclosure sale. The plaintiffs are junior mortgagees and were made defendants in the foreclosure suit. The defendant in this suit was the holder of the senior mortgage, and purchased at the foreclosure sale. Within the time allowed by statute for redemption, these plaintiffs tendered the amount of the defendant’s bid with interest. It being less than the mortgage debt, the defendant declined to receive it on the ground that redemption could not be effected without a tender of the full amount of such debt. Decree for defendant.…
1Opinion of the CourtAdams, J.
1. mortgage: redemption6' by junior lien holder. This case presents the question whether .the holder of a junior mortgage, who is made defendant in the suit for the foreclosure of the senior mortgage, can redeem after sale by paying the amount bid . , ¿ ^ ^ 11 -, -, . . . with interest within the time allowed by statute, the property having been bid in by the holder of the senior mortgage for less than the mortgage debt. We are of the opinion that he can. In opposition to this view it is urged by the appellee that the holder of a mortgage upon real estate in Iowa has something more than a…
2Cases cited4 opinions
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Johnson v. HarmonSupreme Court of Iowa · 1865
- Hendershott v. PingSupreme Court of Iowa · 1867
- Shearer v. MillsSupreme Court of Iowa · 1872
3Cited by11 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Flanders v. AumackOregon Supreme Court · 1897
- Clayton v. EllisSupreme Court of Iowa · 1879
- Cooper v. MaurerSupreme Court of Iowa · 1904
- Dougherty v. KubatNebraska Supreme Court · 1903
6 more not listed; retrieve them via the Exa API.