Carroll v. Reddington
Supreme Court of Iowa
Appeal from the Lee District Court. In February, 1857, the defendant executed his mortgage, to secure to plaintiff the sum of two thousand dollars, due in six months. In August of that year, proceedings were commenced by civil action, to foreclose this mortgage, and in September, 1858, a decree was entered, finding the amount due plaintiff on his mortgage, and awarding a special execution, to be issued on or after the 7th of June, 1859, provided saiddebt was not sooner paid.
Read the full summary
Appeal from the Lee District Court. In February, 1857, the defendant executed his mortgage, to secure to plaintiff the sum of two thousand dollars, due in six months. In August of that year, proceedings were commenced by civil action, to foreclose this mortgage, and in September, 1858, a decree was entered, finding the amount due plaintiff on his mortgage, and awarding a special execution, to be issued on or after the 7th of June, 1859, provided saiddebt was not sooner paid. To this order, staying the execution for nine months, plaintiff at the time objected, and from it appeals.
1Opinion of the Court
"Wri&ht, C. J.
The Code provides that the holder of any mortgage, may proceed to foreclose the same by civil action, in the district court, and that if anything is found due the plaintiff, the court shall render judgment therefor, and direct the mortgaged property, or so much thereof as may be necessary, to be.sold, to satisfy the amount due, with interest and costs. Eor this purpose, a special execution shall issue. If the mortgaged property shall not sell for sufficient to satisfy the execution, a general execution shall issue, unless the parties have stipulated otherwise. Any overplus…
2Cited by3 opinions
- Pope & Slocum v. JacobusSupreme Court of Iowa · 1859
- Boynton v. ChurchSupreme Court of Iowa · 1910
- Kramer v. RebmanSupreme Court of Iowa · 1859