Dilger v. Palmer
Supreme Court of Iowa
Appeal from Lúeas District Gou/rt. Action to foreclose a mortgage in the ordinary form, executed by Tilomas E. Palmer and wife. John H. Gear, trustee, and the First National Bank of Chariton, were made defendants, it being alleged that they were lien holders junior to the mortgage. Thos. E. Palmer and wife filed a cross-petition which was answered by the other defendants. There was a decree foreclosing the mortgage, but the relief asked for in the cross-petition was denied.
Read the full summary
Appeal from Lúeas District Gou/rt. Action to foreclose a mortgage in the ordinary form, executed by Tilomas E. Palmer and wife. John H. Gear, trustee, and the First National Bank of Chariton, were made defendants, it being alleged that they were lien holders junior to the mortgage. Thos. E. Palmer and wife filed a cross-petition which was answered by the other defendants. There was a decree foreclosing the mortgage, but the relief asked for in the cross-petition was denied. The defendants, Thos. E. Palmer and wife, appeal.
1Opinion of the CourtSeevers, J.
The facts necessary to be stated are: That Thos. E., and Ann Palmer were married in 1816, and in August, 1873, they executed the mortgage sought to be foreclosed on the S. E. ¿ of the S. W. \ and the S. W. ^ of the S. E. ^ in section 20, township 72, range 21. The first named tract was their homestead at the time the mortgage was executed, and they have ever since then resided thereon. In 1873, after the execution of the mortgage, Thos. E. Palmer caused the homestead forty to be sub-divided into three lots, and platted and designated as lots Nos. one, two, and three. The house occupied as a…
2Cases cited1 opinion
- Givans v. DeweySupreme Court of Iowa · 1877
3Cited by5 opinions
- Sexton v. SextonSupreme Court of Iowa · 1905
- Equitable Life Ins. v. GleasonSupreme Court of Iowa · 1883
- Bankers' Life Ass'n v. EngelsonSupreme Court of Iowa · 1910
- Guiher v. HuffmanSupreme Court of Iowa · 1906
- State v. GurlaghSupreme Court of Iowa · 1888