State Bank v. Brown
Supreme Court of Iowa
Appeal from, Clarice District Court.— Hon. H. M. Towner, Judge. Suit in equity'for the foreclosure of a mortgage. Defendant J. H. Cooper is a purchaser of the land from the. original mortgagors Brown, and it is claimed that, as a part of the purchase price, - he assumed and agreed to pay the-mortgage indebtedness.
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Appeal from, Clarice District Court.— Hon. H. M. Towner, Judge. Suit in equity'for the foreclosure of a mortgage. Defendant J. H. Cooper is a purchaser of the land from the. original mortgagors Brown, and it is claimed that, as a part of the purchase price, - he assumed and agreed to pay the-mortgage indebtedness. Such proceedings were had, as that the case went to decree and the land was sold at sheriff’s-sale before the issues between plaintiff and Cooper were-settled and determined. After the sale Cooper filed an answer and counterclaim, in which he asserted that plaintiff’s, debt was…
1Opinion of the CourtDeemer, J.
The issue in.the case is a narrow one. It-appears from the testimony that while the action was pend*667ing, and before the issues between plaintiff and defendant Cooper were settled, tbe case went to decree against tbe original mortgagors Brown. Thereupon a special execution was issued, and the land covered by the mortgage was advertised for sale. At the appointed time it was offered for sale by the sheriff, and plaintiff in execution, by its attorney, through mistake or a claimed mistake, and without authority, as is claimed, bid therefor the sum of $13,000, which was very much more than the…
2Cases cited12 opinions
- Howison v. OakleySupreme Court of Alabama · 1897
- Adams v. AdamsSupreme Court of Pennsylvania · 1835
- Galpin v. LambOhio Supreme Court · 1876
- Meherin v. SaundersCalifornia Supreme Court · 1901
- Armstrong v. VromanSupreme Court of Minnesota · 1866
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3Cited by4 opinions
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- Fitch v. FirestoneDistrict Court, D. Rhode Island · 1959
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- Van Rheenen v. WindellSupreme Court of Iowa · 1935