Dukes v. Turner
Supreme Court of Iowa
Appeal from Marion Circuit Cou/rt. Action in chancery. The petition alleges that John M. Jones sold to J. F. Roller, April 15, 1871, a block in an addition to the town of Knoxville, which was sub-divided into eight lots, numbered from one to eight consecutively, and executed a bond for a deed, to be delivered upon payment of the consideration, $600,. and interest at ten per centum per annum, according to the terms of a promissory note executed by Roller to Jones.
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Appeal from Marion Circuit Cou/rt. Action in chancery. The petition alleges that John M. Jones sold to J. F. Roller, April 15, 1871, a block in an addition to the town of Knoxville, which was sub-divided into eight lots, numbered from one to eight consecutively, and executed a bond for a deed, to be delivered upon payment of the consideration, $600,. and interest at ten per centum per annum, according to the terms of a promissory note executed by Roller to Jones. The bond was hied for record April 28, 1871. Roller sold lot four of the block, July 24, 1871, to Hodges, for $150, who took…
1Opinion of the CourtBeck, J.
"We think the demurrer was erroneously sustained. The plaintiff’s petition shows that he holds rights well defined, which equity will enforce and protect.
l. titus bond: rightsofthose not parties, I. The bond and note executed upon the sale of block 9, by Jones to Roller, constitute a mortgage, and are to be enforced as such. The rights of parties under these instruments are the same as the rights of those interested in land covered by a mortgage. Code, §§ 3329, 3330. Persons not made parties to a foreclosure suit are not affected by a decree therein, and their rights are not cut off thereby.…
2Cases cited1 opinion
- Street v. BealSupreme Court of Iowa · 1864
3Cited by3 opinions
- Cody v. WiltseSupreme Court of Iowa · 1906
- Case v. FrySupreme Court of Iowa · 1894
- Railway Co. v. JamesSupreme Court of Arkansas · 1891