Thatcher v. Haun
Supreme Court of Iowa
Appeal from Cedar District Court. William G-. Haun, on the 1st clay of July, 1852, made bis mortgage on certain parcels of real estate, to secure Ms creditor, Mary A. Milliken, in' a note of $8262, that day given to her, due five years from date.
Read the full summary
Appeal from Cedar District Court. William G-. Haun, on the 1st clay of July, 1852, made bis mortgage on certain parcels of real estate, to secure Ms creditor, Mary A. Milliken, in' a note of $8262, that day given to her, due five years from date. The note for this sum and the mortgage, were assigned by the payee and mortgagee to Samuel Milliken, who, on the 28th of January, 1858, placed the same in the hands of the sheriff of Clinton County, in this State, for foreclosure, according to the provisions of Chapter 118 of the Code of 1851. The sheriff accordingly advertised the mortgaged premises…
1Opinion of the CourtWright, J.
The controversy, as presented in the court below ana in this, is between the complainant and the mortgagor Haun. And the first question made is, whether there was error in entering the decree pro confesso and refusing respondent leave to answer, under the circumstances detailed in the record. '
We are clearly of the opinion that sufficient excuse was shown for not answering within the twenty days required by the rule entered at the September Term, 1858. And we are equally clear, at the same time, that there was no error in the decree in this respect, nor in the refusal to give further time for…
2Cases cited4 opinions
- Charless v. LambersonSupreme Court of Iowa · 1855
- Harrison v. KramerSupreme Court of Iowa · 1856
- Whipple v. FarrarMichigan Supreme Court · 1855
- Bennett v. BevardSupreme Court of Iowa · 1858
3Cited by7 opinions
- Pursley v. HayesSupreme Court of Iowa · 1867
- Detroit Tug & Wrecking Co. v. GartnerMichigan Supreme Court · 1889
- Worth v. WetmoreSupreme Court of Iowa · 1893
- White v. HamptonSupreme Court of Iowa · 1862
- Wadsworth v. WadsworthSupreme Court of Iowa · 1875
2 more not listed; retrieve them via the Exa API.