Kilmer v. Gallaher
Supreme Court of Iowa
Appeal from Harrison District Gourt. — Hon. G. W. WakeEIBLDj Judge. Plaintibb brought an action of foreclosure against defendants on a mortgage of real estate which secured a bond payable in installments. The action was for judgment for the first installment only. A decree was rendered ordering the sale of the mortgaged property for the payment of such installment, but expressly making the sale subject to the other installments not then matured.
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Appeal from Harrison District Gourt. — Hon. G. W. WakeEIBLDj Judge. Plaintibb brought an action of foreclosure against defendants on a mortgage of real estate which secured a bond payable in installments. The action was for judgment for the first installment only. A decree was rendered ordering the sale of the mortgaged property for the payment of such installment, but expressly making the sale subject to the other installments not then matured. Defendants appealed from the decree, and in this court such modification was made as to give plaintiff an option (1) to have any sale made stand free…
1Opinion of the Court
Waterman, J. — I.
1 The option given plaintiff in the opinion rendered by this court (107 Iowa, 676) was to be determined by him in a new decree, which we think it was contemplated' should be entered. ITis action, therefore, in taking a deed, and instituting proceedings to oust defendants from the premises in dispute, while ill-advised, did not amount to an election on his part to have the sale stand. The opinion there recites that the case is remanded for further proceedings. No further proceedings were necessary, if the option was determinable alone by plaintiff’s acts, and he desired the…
2Cases cited4 opinions
- Lombard v. GregorySupreme Court of Iowa · 1894
- Kilmer v. GallaherSupreme Court of Iowa · 1899
- Childs v. LimbackSupreme Court of Iowa · 1870
- Corn Exchange Bank v. ApplegateSupreme Court of Iowa · 1896
3Cited by4 opinions
- Farmers Trust & Savings Bank v. ManningSupreme Court of Iowa · 1984
- Federal Land Bank of Omaha v. BollinSupreme Court of Iowa · 1987
- Baker v. BakerSupreme Court of Iowa · 1957
- Montgomery v. Marshall CountySupreme Court of Iowa · 1911