Lay v. Gibbons
Supreme Court of Iowa
Appeal from Dubuque District Court. Gibbons and wife, on the 16th of July, 1857, made their mortgage with power of sale to complainant to secure near $800. This mortgage was upon three distinct tracts of land, including the homestead of the mortgagors. Subsequently Gibbons made two mortgages to his correspondents, Hammond and O’Neil & McNulty. In these the wife did not join.
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Appeal from Dubuque District Court. Gibbons and wife, on the 16th of July, 1857, made their mortgage with power of sale to complainant to secure near $800. This mortgage was upon three distinct tracts of land, including the homestead of the mortgagors. Subsequently Gibbons made two mortgages to his correspondents, Hammond and O’Neil & McNulty. In these the wife did not join. After this, complainant filed his bill in equity to foreclose his mortgage, making Gibbons and wife parties respondents. The wife was not served, however. A decree was entered, by consent, against Gibbons, for the amount…
1Opinion of the Court
"Wright, J.
Whether the subsequent mortgagors were necessary parties to the bill of complainant to foreclose; whether such foreclosure and sale barred them of all right to redeem; whether the execution of the mortgage by the wife cut off all claim on her part of dower or other interest in the land; whether she not being a party to the original action, could to this plead usury, the homestead exemption, or other like defenses; we say whatever answer might be given to these and other important questions raised by counsel, we should still feel constrained to affirm this t decree.
It will be…
2Cases cited1 opinion
- Boyd v. EllisSupreme Court of Iowa · 1860
3Cited by6 opinions
- Axman v. SmithSupreme Court of Missouri · 1900
- Copper v. Iowa Trust & Savings BankSupreme Court of Iowa · 1910
- Drake v. BricknerSupreme Court of Iowa · 1917
- Dunn v. BuckleyWisconsin Supreme Court · 1882
- Johnson v. HoveySupreme Court of Kansas · 1872
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