Moomey v. Maas
Supreme Court of Iowa
Appeal from, Iowa District Court Foreclosure : parties : who bound by decree : sheriff’s SALE AFTER RETURN DAY, ETC.-Tllis Cause involves tlie valadity and effect of a certain prior foreclosure proceeding and sheriff’s sale thereunder. The plaintiff, Maria Moomey, is the widow of her former husband, Daniel Talbott. Her co-plaintiff, Pnndt, claims by deed under her. The other plaintiffs are the heirs at law of the said Daniel Talbott, deceased.
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Appeal from, Iowa District Court Foreclosure : parties : who bound by decree : sheriff’s SALE AFTER RETURN DAY, ETC.-Tllis Cause involves tlie valadity and effect of a certain prior foreclosure proceeding and sheriff’s sale thereunder. The plaintiff, Maria Moomey, is the widow of her former husband, Daniel Talbott. Her co-plaintiff, Pnndt, claims by deed under her. The other plaintiffs are the heirs at law of the said Daniel Talbott, deceased. The defendant, Roberts, was a mortgagee of the said Daniel, and the purchaser at the foreclosure sale herein below referred to; his co-defendant, Maas,…
1Opinion of the CourtDillon, J.
1. Mortgage: effect of foreclosure and sale: dower. =1. The plaintiff,.Maria, the widow of the mortgagor,' did-not join in the execution of the mortgage, hence she has a right of dower in the-land in question unless this right is barred -or extingU;s]ie(j ]jj. the foreclosure suit to which she was made a party defendant, and the.sheriff’s sale thereunder. Defendants claim that the foreclosure decree and- sale had. the effect- to cut off or bar her right -of dower. This is-denied-by the plaintiffs.
In this respect, the District .Court-decided correctly. We have examined the foreclosure…
2Cases cited2 opinions
- Stein v. ChamblessSupreme Court of Iowa · 1865
- La Farge v. Van WagenenNew York Supreme Court · 1857
3Cited by13 opinions
- Cummings v. LandesSupreme Court of Iowa · 1908
- Town of Lyons v. CooledgeIllinois Supreme Court · 1878
- Day v. GoodwinSupreme Court of Iowa · 1898
- Hensen v. PeterWashington Supreme Court · 1917
- Dohms v. MannSupreme Court of Iowa · 1888
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