Bunce v. West
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. AotioN by a judgment lien-holder to redeem certain real estate from a prior mortgage debt.
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Appeal from Cerro Gordo District Court. AotioN by a judgment lien-holder to redeem certain real estate from a prior mortgage debt. The petition shows that the mortgage has been foreclosed, and the property sold upon execution; that the defendant, West, claims to have purchased the same at the sale, and that the defendant, Sanborn, claims to have acquired the property through West; that the plaintiff is the assignee and owner of a judgment, which was a lien upon the property at the time the foreclosure action was commenced, and that neither she nor her assignor was made a party. The petition…
1Opinion of the CourtAdams, J.
In an action to foreclose a mortgage, a person bolding a subsequent lien upon the property should be made a party. Otherwise he may not only redeem from the sale within the statutory period, by paying the amount of the bid with interest, but, if he neglect to do so, he may still redeem from the mortgage debt by paying that, with interest, and any other proper charge; and, if any parties holding under the foreclosure have been in receipt of .the rents and profits, the lien-holder having a right to redeem may have an accounting of the rents and profits, and an application made thereof as…
2Cases cited3 opinions
- Anson v. AnsonSupreme Court of Iowa · 1865
- Wright v. HowellSupreme Court of Iowa · 1872
- American Buttonhole, Co. v. Burlington Mutual Loan Ass'nSupreme Court of Iowa · 1883
3Cited by6 opinions
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Gray v. NelsonSupreme Court of Iowa · 1889
- Citizens' State Bank v. JessSupreme Court of Iowa · 1905
- Kellogg v. Illinois Central RailroadSupreme Court of Iowa · 1927
- American Loan & Trust Co. v. Atlanta Electric Ry. Co.U.S. Circuit Court for the Northern District of Georgia · 1899
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