Ten Eyck v. Casad
Supreme Court of Iowa
Appeal from Lee District Court. WlNNE owned lot nine, block fifty-nine, in tbe city of Keokuk, and executed a mortgage thereon to Heimstreet. The mortgagor afterwards conveyed the lot to Bickey, who mortgaged the same to Bowley. Heimstreet foreclosed his mortgage, bought the property under the special execution, obtained a deed, conveyed to Ten Eyck, and they have, since the sheriff’s sale, enjoyed and received the rents and profits.
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Appeal from Lee District Court. WlNNE owned lot nine, block fifty-nine, in tbe city of Keokuk, and executed a mortgage thereon to Heimstreet. The mortgagor afterwards conveyed the lot to Bickey, who mortgaged the same to Bowley. Heimstreet foreclosed his mortgage, bought the property under the special execution, obtained a deed, conveyed to Ten Eyck, and they have, since the sheriff’s sale, enjoyed and received the rents and profits. To this proceeding of foreclosure Bowley was not a party. Ten Eyck filed the present bill against Bowley and others to quiet his title, and to require Bowley to…
1Opinion of the Court
Wright, Oh. J.
Counsel for defendant make no argument to sustain the sufficiency of the first clause of the answer. We are not aware of any principle of the common law which supports the position assumed; nor has any provision of the statute been brought to our attention warranting the right to redeem for the time claimed. We conclude, from the summary manner in which it is disposed of by counsel, that it is not insisted upon with much confidence; and finding nothing to sustain the right thus claimed, we shall, in this respect, affirm the ruling of the Court below.
Under the second proposition…
2Cited by17 opinions
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Gower v. WinchesterSupreme Court of Iowa · 1871
- Rodman v. QuickIllinois Supreme Court · 1904
- Johnson v. HarmonSupreme Court of Iowa · 1865
- Catterlin v. ArmstrongIndiana Supreme Court · 1881
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