Bankers' Life Ass'n v. Engelson
Supreme Court of Iowa
Appeal from Winnebago District Court. — Hon. J. J. Clark, Judge. The first of these cases as originally instituted was an action to foreclose a mortgage on two hundred and eighty acres of land described as three tracts,, one of one hundred and sixty acres, another of eighty acres, and a third of forty acres. In this action there was a cross-petition asking a foreclosure of a second mortgage on the same land.
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Appeal from Winnebago District Court. — Hon. J. J. Clark, Judge. The first of these cases as originally instituted was an action to foreclose a mortgage on two hundred and eighty acres of land described as three tracts,, one of one hundred and sixty acres, another of eighty acres, and a third of forty acres. In this action there was a cross-petition asking a foreclosure of a second mortgage on the same land. The second action was to foreclose a mortgage covering the one hundred and sixty-acre tract and the eighty-acre tract. It being made to appear to the court that the forty-acre tract was…
1Opinion of the CourtMcClain, J.
From • the foregoing statement, which recites only such facts as áre deemed essential to an understanding of the question of law raised' on this appeal, it is apparent that appellants, holding liens under foreclosure on two of the three tracts, such liens being subordinate to other liens under foreclosure on the three tracts, are seeking to take advantage of the conveyance by Mrs. Engelson to Lasell of the homestead tract, by having the burden of the two prior liens thrown primarily on that tract in order that the surplus in the proceeds from the other two tracts may be saved to them; their…
2Cases cited9 opinions
- Bissell v. BissellSupreme Court of Iowa · 1903
- Linscott v. LamartSupreme Court of Iowa · 1877
- Equitable Life Ins. v. GleasonSupreme Court of Iowa · 1883
- Lutz v. Ristine & RumlSupreme Court of Iowa · 1907
- Richards v. OrrSupreme Court of Iowa · 1902
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3Cited by2 opinions
- Hall Roberts' Son, Inc. v. PlahtSupreme Court of Iowa · 1962
- Prudential Insurance Co. of America v. WestfallSupreme Court of Iowa · 1935