Veach v. Schaup
Supreme Court of Iowa
Appeal from the Jackson District Court. This is a petition for the foreclosure of a mortgage upon ten acres of ground, including a mill site, given by Sehaup to Yeach, on the 26th September, 1853, to secure the payment of $1,200. The premises were conveyed to Sehaup on the 16th March, 1852, by Catharine Gilmer, who afterwards intermarried with Patrick Killaan. At the time of the conveyance to Sehaup, Geo.
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Appeal from the Jackson District Court. This is a petition for the foreclosure of a mortgage upon ten acres of ground, including a mill site, given by Sehaup to Yeach, on the 26th September, 1853, to secure the payment of $1,200. The premises were conveyed to Sehaup on the 16th March, 1852, by Catharine Gilmer, who afterwards intermarried with Patrick Killaan. At the time of the conveyance to Sehaup, Geo. Milner held a mortgage on the quarter section, of which the ten acre tract was a part, from Catharine Gilmer, to secure the payment of $218.85; this mortgage was dated May 28th, 1851, and…
1Opinion of the CourtStockton, J.
The first question raised in the argument by complainant, is, as to the validity of the proceeding in foreclosure by Milner against Catharine Gilmer. It is claimed that Schaup, as the subsequent grantee of the ten acres, and assignee of the equity of redemption, should have been made a party to the suit, and that not having been ’made a party, he is not bound by the decree. Whether or not it was necessary to make a subsequent incumbrancer a party to the proceedings in foreclosure, has not been determined by the Code, nor so far as we are informed, has the question been adjudi* cated by this…
2Cases cited1 opinion
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
3Cited by5 opinions
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- Bleidorn v. AbelSupreme Court of Iowa · 1858
- Odell v. MontrossNew York Supreme Court · 1875