Boyd v. Ellis
Supreme Court of Iowa
AffcaH from Mahaska District Court. ON the second day of April, 1858, Boyd purchased of Ellis, certain real estate lying near the city of Oskaloosa, and to secure Ellis in some deferred payments, executed at the time a mortgage on the property. On the 4th day of October, 1855, Ellis proceeded to foreclose his mortgage by notice and sale, fixing the day of such sale upon the 5th day of November.
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AffcaH from Mahaska District Court. ON the second day of April, 1858, Boyd purchased of Ellis, certain real estate lying near the city of Oskaloosa, and to secure Ellis in some deferred payments, executed at the time a mortgage on the property. On the 4th day of October, 1855, Ellis proceeded to foreclose his mortgage by notice and sale, fixing the day of such sale upon the 5th day of November. Boyd, in the meantime, applied to the judge of the county court for an injunction, alleging in his petition, a counter claim against Ellis, which he claimed as more than sufficient to overbalance tbe…
1Opinion of the CourtBaldwiN, J.
Tbe law providing for tbe foreclosure of mortgages by notice and sale, is constitutional. Tbe provisions that are referred to in tbe amendments to the constitution of tbe United States, providing that “no person shall be deprived of bis life, liberty or property without due process of law, &o.” (which means by judicial proceedings in court,) have no application to the State governments, but are merely restrictions upon tbe Federal government. Murphy v. People, 2 Cow. 815; Barrow v. Mayor, &c, 7 Peters 248. Mr Kent, in speaking upon this subject, says: “As the Constitution of tbe United States…
2Cases cited5 opinions
- Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
- Cochran v. Van SurlayNew York Supreme Court · 1838
- Murphy v. PeopleNew York Supreme Court · 1824
- Reed v. CarterIndiana Supreme Court · 1834
- Ross v. CloreCourt of Appeals of Kentucky · 1835
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