Manning v. Poling
Supreme Court of Iowa
Appeal from Tan Burén District Court. — IIon. F. W. Ejckelberger, Judge. Decree was entered as prayed in tbe cross-petition of D. W. Ferguson, and Nichols & Shepard Company appeal.
1Opinion of the CourtLadd, J.
1 Poling bought the land of Ferguson December, 31, 1891, and on the same day executed a mortgage thereon securing the payment of a certain note. Ferguson sold this note to Manning, guaranteeing its payment. ■ Poling was then indebted to Nichols & Shepard Company on a judgment rendered against him in 1885, which also became a lien on the land. Manning began foreclosure proceedings on the mortgage April 12, 1894. Decree was entered against Poling and Ferguson, as prayed, and the premises sold thereunder to Ferguson July 10, *221894. Nichols & Shepard Company filed a cross petition averring that…
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