Mickley v. Tomlinson
Supreme Court of Iowa
Appeal from Plymouth District Court. — Hon. Scott M. Ladd, Judge. Píaintifí' sold lot 1, block 5, in the city of Le Mars, to defendant Joseph W. Hough, for the agreed price of five thousand dollars.
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Appeal from Plymouth District Court. — Hon. Scott M. Ladd, Judge. Píaintifí' sold lot 1, block 5, in the city of Le Mars, to defendant Joseph W. Hough, for the agreed price of five thousand dollars. Hough executed five promissory notes, of one thousand dollars each, for the price, and to secure the same gave a mortgage on the property; also upon lot 9, in block 33, in Le Mars. ;The mortgage specified that the last-named property i! was pledged as security only for the note first falling due. Hough subsequently sold lot 9, block 33, to defendant P. M. Tomlinson; the mortgage being of record at…
1Opinion
OPINION ON REHEARING.
Beck, J.
3. Mobtsaoes! sale of part of the property: foreclosure: priorities. A rehearing upon the petition o.f plaintiff was allowed, and the cause has been again argued. We reach the same conclusion as upon the „ „ , former consideration of the case, namely, ^ 7 that the judgment of the court below , , ought to be reversed; but we think that relief differing in some respects from that indicated in the foregoing opinion ought to be granted. The mortgage in the suit, after the usual words of conveyance, contains the description of the property mortgaged and certain…
2Cases cited2 opinions
- Bates v. RuddickSupreme Court of Iowa · 1856
- Massie v. WilsonSupreme Court of Iowa · 1864