Douglass v. Bishop
Supreme Court of Iowa
Appeal from, Black Hawk District Court. This is an action upon a bond executed by defendant and another. The facts constituting the cause of action are as follows : In 1855 one Wasson, being the owner of certain lands executed a mortgage thereon to Cook.
Read the full summary
Appeal from, Black Hawk District Court. This is an action upon a bond executed by defendant and another. The facts constituting the cause of action are as follows : In 1855 one Wasson, being the owner of certain lands executed a mortgage thereon to Cook. In 1856 Wasson conveyed the lands to Pierce, and, in order to indemnify him against said mortgage, executed with defendant, Bishop, a bond to Pierce, conditioned as follows : “ That Wasson shall fully indemnify and save said Pierce harmless of and from a certain mortgage,” describing it as the mortgage aforesaid. In 1861, Cook recovered a…
1Opinion of the CourtBeck, J.
l. mobtsage : panfesTreemption. I. The demurrer raises, in fact, but three objections to the petition. The first relates to the validity the foreclosure proceeding. It is insisted, that, as shown by the petition, the decree of foreclosure and sale thereunder are void, and therefore the proceeding to redeem, resulting in a compromise, was unnecessary, and defendant cannot be charged with the amount expended for that purpose.
The foreclosure of a mortgage, in an action against the mortgagor alone, where a part of the land covered by the mortgage has been conveyed and the purchaser is not made a…
2Cases cited2 opinions
- Johnson v. HarmonSupreme Court of Iowa · 1865
- Street v. BealSupreme Court of Iowa · 1864
3Cited by9 opinions
- Moser v. Thorp Sales Corp.Supreme Court of Iowa · 1977
- Spurgin v. AdamsonSupreme Court of Iowa · 1883
- Northwestern Mutual Life Insurance v. HansenSupreme Court of Iowa · 1928
- Seaton v. GrimmSupreme Court of Iowa · 1899
- Froelich v. SwaffordSouth Dakota Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.