Santee v. Keefe
Supreme Court of Iowa
Appeal from, Franklin District Court.— HoN. J. IT. Kich-aed, Judge. ActioN to foreclose a mortgage on real estate against defendants, as grantees of tbe mortgagor, and to recover judgment against such grantees for tbe amount of tbe mortgage indebtedness.
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Appeal from, Franklin District Court.— HoN. J. IT. Kich-aed, Judge. ActioN to foreclose a mortgage on real estate against defendants, as grantees of tbe mortgagor, and to recover judgment against such grantees for tbe amount of tbe mortgage indebtedness. Decree that tbe mortgage be foreclosed against tbe property, and that a personal judgment for tbe amount of tbe indebtedness be rendered against Coldren & Mallon, who are found to be grantees in tbe conveyance from tbe mortgagor, and to have assumed tbe payment of tbe mortgage debt. Coldren & Mallon appeal.
1Opinion of the CourtMcClain, J.
1. assumption of mortgage: liability of grantee. Plaintiff became tbe owner of tbe mortgage which be seeks to foreclose by an assignment from one Green, to whom it was executed by one Borger, on certain l°t ™ Webster City. Thereafter tbe defendants, Coldren & Mallon made an exchange with Borger of a tract of land in South Dakota for tbe lots in question; Borger assuming a $1,400 incumbrance on tbe Dakota land and paying Coldren & Mallon $750 in cash, with tbe agreement that tbe $700 mortgage to Green should be assumed and paid off by tbe purchaser of tbe lots. Tbe deed for tbe lots which…
2Cases cited1 opinion
- Bossingham v. SyckSupreme Court of Iowa · 1902
3Cited by6 opinions
- Liljedahl v. GlassgowSupreme Court of Iowa · 1921
- Nebraska Wesleyan University v. SmithNebraska Supreme Court · 1925
- Gilmore v. ShearerSupreme Court of Iowa · 1924
- Royal Union Life Insurance v. HughesSupreme Court of Iowa · 1928
- Sietsema v. AndersonSupreme Court of Iowa · 1920
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