McKay v. Funk
Supreme Court of Iowa
Appeal from Emmet District Cowt. Monday, December 15. Action to foreclose a mortgage upon real estate in Esther-ville, Emmet county. The defendant appeared in tbe district court and filed a motion asking that the proceedings in and determination of the case be stayed to await the decision of the court of bankruptcy on tbe question of defendant’s discharge, in a proceeding therein pending.
Read the full summary
Appeal from Emmet District Cowt. Monday, December 15. Action to foreclose a mortgage upon real estate in Esther-ville, Emmet county. The defendant appeared in tbe district court and filed a motion asking that the proceedings in and determination of the case be stayed to await the decision of the court of bankruptcy on tbe question of defendant’s discharge, in a proceeding therein pending. It was shown by affidavits and otherwise that defendant had been adjudged a bankrupt, and that the question of his final discharge was still pending in the bankrupt court. The motion was overruled, so far as…
1Opinion of the Court
Beck, Ch. J.
I. The appellant claims that the district court had not jurisdiction in the case to proceed to judgment either in the foreclosure of the mortgage or on the personal claim against the defendant, but should have stayed proceedings in each upon defendant’s motion. The proceedings are of a double character and object: 1. To foreclose the mortgage and subject the lands to the lien thereof; 2. To recover judgment against defendant personally, which may be enforced, for the amount of the debt remaining unsatisfied after the sale of the lands upon the decree of foreclosure.
It has been…
2Cited by2 opinions
- Hill v. HardingSupreme Court of the United States · 1883
- Cannon v. PoorHawaii Supreme Court · 1897