Knox v. Moser
Supreme Court of Iowa
Appeal from Dubuque Circuit Court Action in chancery to foreclose a mortgage. There was a decree granting the relief prayed' for by plaintiff. Johnson, a junior incumbrancer, appeals.
1Opinion of the CourtBeck, J.
l. mortgage husban?useaa: mentiw wife to purchase at discount: foreclosure: amount of recovery. I. The defendant F. E. Moser executed to plaintiff, in 1874, a promissory note for $4,000, drawing interest at the rate of eight per cent per annum. To secure its payment he and his wife, Carrie L., executed the mortgage in suit. Subsequently T , .. . , . J, Johnson recovered -judgments against I.’ E. ° ° Moser, which are liens on the property morti j. j gaged, junior to plaintiff’s mortgage. In 1883, plaintiff entered into a written contract with Mrs. Moser, obligating himself to sell and transfer…
2Cases cited1 opinion
- Anderson v. ReedSupreme Court of Iowa · 1860
3Cited by2 opinions
- Valensin v. ValensinUnited States Circuit Court · 1886
- In re NovakDistrict Court, N.D. Iowa · 1900