Legal Opinion

Kendig v. Marble

Supreme Court of Iowa

Decided December 17, 1880PublishedCited by 9 opinions

Appeal from Grwndy Qvrewit Oourt. Action to foreclose a mortgage. There was a decree granting the relief prayed for in the petition. Defendant appeals.

1Opinion of the CourtBeck, J.

I. The petition asks the foreclosure of a mortgage, which, with the note secured thereby, is set out as an exhibit. The plaintiff is the assignee of the mortgage. The *387petition shows that defendant executed in writing a confession of judgment which was filed in the same court in which this action is prosecuted, and before this suit was commenced the clerk entered a judgment thereon. It appears that the judgment does not foreclose the mortgage. The petition asks that the judgment may be declared to be a lien upon the land described in the mortgage from the date thereof.

The answer of defendant…

2Cited by9 opinions

  1. Bean v. RumrillSupreme Court of Oklahoma · 1918
  2. Heiman v. FelderSupreme Court of Iowa · 1916
  3. Dies v. Bank of Commerce of SapulpaSupreme Court of Oklahoma · 1924
  4. Munn v. Mid-Continent Motor Securities Co.Supreme Court of Oklahoma · 1924
  5. Flint v. KimbroughNew Mexico Supreme Court · 1941

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