Hammond v. Perry
Supreme Court of Iowa
Appeal from Monroe Circuit Cov/rt. Plaintiff brings this action to foreclose a certain contract for the sale of land to one Thomas, and to obtain judgment on a promissory note given in payment therefor. The contract is for the sale of an undivided interest in the property, the title to the remaining interest, at the time of the sale, being in other parties.
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Appeal from Monroe Circuit Cov/rt. Plaintiff brings this action to foreclose a certain contract for the sale of land to one Thomas, and to obtain judgment on a promissory note given in payment therefor. The contract is for the sale of an undivided interest in the property, the title to the remaining interest, at the time of the sale, being in other parties. Thomas subsequently purchased the intei-est of the other owners, and sold a part of the land to Perry; plaintiff’s claim thus being a lien upon an undivided interest thereof. Perry and certain incumbrancers, are made defendants with…
1Opinion of the CourtBeck, J.
1. i-okeolos?ond ^partinoil, plead — The appellant was properly made a defendant to the foreclosure action, that his interest in the land may be subjected to plaintiff’s lien. Any matter which in equity would relieve his property from the lien, ^ require the rest of the land to be first exhausted to satisfy the debt, he could plead as a defense. Plaintiff’s lien is'upon an undivided half of the land. Appellant holds title to a part of it — less than one-sixth in quantity — The relative value of which is less than the rest of the tract. Now, certainly, equity will protect appellant’s land, and…
2Cited by3 opinions
- Board of Trustees v. Board of SupervisorsSupreme Court of Iowa · 1940
- Donnelly v. NolanSupreme Court of Iowa · 1944
- Linscott v. LinscottSupreme Court of Iowa · 1952