Heimstreet v. Winnie
Supreme Court of Iowa
Appeal from Lee District Court. Bill to foreclose a mortgage. The material facts are stated in the opinion. cited Story Eq. PL section 193, note 3, and note 1 on page 227; 3 Iowa 199.
1Opinion of the CourtLowe, C. J.
The plaintiff in foreclosing a mortgage in the usual way, against the defendant Winnie, attempted to make some subsequent incumbrancers parties, upon one of whom, Margaret Casad, a non-resident, he failed to obtain.service. At the hearing of the cause he proposed and offered to dismiss the petition as to Margaret Casad, and take his judgment against the others in the manner authorized by law. This the court would not permit Mm to do un*431til the said Casad was duly brought into court by a publication of notice, &e., and this ruling of the court is assigned for error.
It is certainly regular and…
2Cases cited1 opinion
- Finley v. Bank of United StatesSupreme Court of the United States · 1826
3Cited by12 opinions
- Gower v. WinchesterSupreme Court of Iowa · 1871
- Thomas v. StickleSupreme Court of Iowa · 1871
- Mayer v. Farmers' BankSupreme Court of Iowa · 1876
- Standish v. DowSupreme Court of Iowa · 1866
- Street v. BealSupreme Court of Iowa · 1864
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