Newcomb v. Dewey
Supreme Court of Iowa
Appeal from Scott District Court. Action in equity by a junior lien holder to redeem certain real estate from the lien of, and title claimed under, a senior mortgage. The facts, in brief, are these. October 11th, 1856, C. D. Burmeister and wife, the acknowledged owners of the mortgaged estate, executed a mort,'gage' thereon to Chauncey Dewey to secure the sum of $6;000, balance of purchase-money due thereon, payable 1 in installments. This mortgage was duly recorded.
Read the full summary
Appeal from Scott District Court. Action in equity by a junior lien holder to redeem certain real estate from the lien of, and title claimed under, a senior mortgage. The facts, in brief, are these. October 11th, 1856, C. D. Burmeister and wife, the acknowledged owners of the mortgaged estate, executed a mort,'gage' thereon to Chauncey Dewey to secure the sum of $6;000, balance of purchase-money due thereon, payable 1 in installments. This mortgage was duly recorded. On M;ay(2,1857, the said C. D. Burmeister and wife executed .. to Daniel- T. Newcomb a deed of trust upon the same . real…
1Opinion of the CourtCole, J.
l, jukisdicmont: verity citáis. The only question for decision is, whether the court had jurisdiction over the person of this plaintiff in the foreclosure suit, so as to foreclose his equity in the property ? It will be seen by the foregoing statement that by the demurrer the defendant admits:
1. That no process whatever was ever, in any manner, served upon this plaintiff.
2. That the plaintiff is and always has been a nonresident of the. State, and never was in the same.
3. That no service by publication, copy of petition, ór otherwise, was ever made upon this plaintiff, or attempted to be made.
2Cases cited5 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- Noyes v. ButlerNew York Supreme Court · 1849
- Smith v. SherwoodSupreme Court of Connecticut · 1822
- Bonsall v. IsettSupreme Court of Iowa · 1862
3Cited by29 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Randall v. CollinsTexas Supreme Court · 1881
- Hirsch Bros. & Co. v. R. E. Kennington Co.Mississippi Supreme Court · 1929
- Lyon v. VanattaSupreme Court of Iowa · 1872
- McEachern v. BrackettWashington Supreme Court · 1894
24 more not listed; retrieve them via the Exa API.