Walker v. Schreiber
Supreme Court of Iowa
Appeal from Ha/rdin Ci/reuit Gov/rt. John R. Landis, a junior mortgagee, and purchaser at foreclosure sale, brought this action to redeem from the foreclosure of a senior mortgage, to which he was not made a party. Pending the action Landis died, and his administrator was substituted as plaintiff. The court granted the relief prayed. The defendants appeal.
1Opinion of the Court
Day, Ch. J.
July 5th, 1866, E. Hiller mortgaged the N. W. J of S. E. J of section 12, 88, 20, except that part of it laid off in town lots, to George W. Mitchell to secure $1,000 of borrowed money. November 11th, 1868, Hiller sold and conveyed that property, with 57£ acres of timber land, to John A. Dossier, subject to said mortgage which Dossier agreed to dis*530charge, and took from Fossler on the whole a mortgage to secure five notes of $3,000 each, of purchase money, payable at different times to E. Iiiller or bearer. The first two notes were paid at maturity. In 1870 Hiller sold the third…
2Cases cited4 opinions
- Allen v. McCallaSupreme Court of Iowa · 1868
- Bank of the State v. AndersonSupreme Court of Iowa · 1863
- Grapengether v. FejervarySupreme Court of Iowa · 1859
- Rankin v. MajorSupreme Court of Iowa · 1859
3Cited by14 opinions
- Lawson v. WarrenSupreme Court of Oklahoma · 1912
- Whipple v. FowlerNebraska Supreme Court · 1894
- Lewis v. KirkSupreme Court of Kansas · 1882
- Farnsworth v. HazelettSupreme Court of Iowa · 1924
- Penzel v. BrookmireSupreme Court of Arkansas · 1888
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