Taylor v. Short's Administrator
Supreme Court of Iowa
Appeal from Des Moines District Court. Release of 'mortgaged premises — effect of, etc. — Action to foreclose mortgage. Two subsequent purchasers of part of the mortgaged premises defend and claim that the plaintiff released a portion of the mortgaged premises, whereby he discharged his lien on other portions to the extent of the pro rata value of the portion released. The court decided the questions made in favor of these subsequent purchasers. The plaintiff appeals.
1Opinion of the Court
Dillon, Ch. J.
Plaintiff had a mortgage or deed of trust upon certain lots. The District Court finds that he released one of the lots — the Smith lot. The evidence shows that he did this with knowledge that the appellees or their grantors had purchased, after the execution of *362the mortgage, other lots covered by it. The present gntion seeks to foreclose the mortgage for fchq full amount due thereon against the lots owned by the appellees. The appellees insist that, as the mortgage was a common burden upon all the lots embraced in it, each lot is charged with its fair proportion of the debt, and…
2Cases cited3 opinions
- Stevens v. CooperNew York Court of Chancery · 1815
- Guion v. KnappNew York Court of Chancery · 1836
- Deuster v. McCamusWisconsin Supreme Court · 1861
3Cited by2 opinions
- Malanaphy v. Fuller & Johnson Mfg. Co.Supreme Court of Iowa · 1904
- Witt v. RiceSupreme Court of Iowa · 1894