Legal Opinion

Malony v. Fortune

Supreme Court of Iowa

Decided January 6, 1863PublishedCited by 11 opinions

Appeal from Dubuque City Court. Proceeding to foreclose a mortgage; defense, usury; decree for tbe complainant for tbe sum of $900, for tbe State of Iowa, for the use of the school fund in the sum of $492.12, and for the defendants for costs.

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Appeal from Dubuque City Court. Proceeding to foreclose a mortgage; defense, usury; decree for tbe complainant for tbe sum of $900, for tbe State of Iowa, for the use of the school fund in the sum of $492.12, and for the defendants for costs. The decree further orders, that “ all and singular ” the lots described in the mortgage be sold under special execution; that the marshal execute to the purchaser a deed; that the sums above mentioned be paid to the complainant, and that the funds thereafter remaining be brought into Court; that an execution issue in favor of the school fund, and tbat…

1Opinion of the CourtBaldwin, C. J.

The mortgage for the foreclosure of which this proceeding was commenced was upon several lots in the city of Dubuque.

Tbe Court in its decree directed all the property therein described to be sold, and after paying the amount due tbe *419complainant, that the remainder of the money should be brought into Court and held subject to its order.

The first point made by the counsel is, that the Court erred in making the sale absolute. This error is well assigned. The statute provides, that “ if anything be found due the plaintiff, the Court shall render judgment therefor, and must direct the mortgaged…

2Cases cited2 opinions

  1. Howard v. BugbeeSupreme Court of the United States · 1861
  2. Rosier v. HaleSupreme Court of Iowa · 1860

3Cited by11 opinions

  1. Tennessee v. SneedSupreme Court of the United States · 1877
  2. Des Moines Joint Stock Land Bank v. NordholmSupreme Court of Iowa · 1934
  3. Phinney v. PhinneySupreme Judicial Court of Maine · 1889
  4. Yeatman v. KingNorth Dakota Supreme Court · 1892
  5. Jordan v. WimerSupreme Court of Iowa · 1876

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