Gulick v. Peckenpaugh
Supreme Court of Iowa
Appeal from Monona District Court. — IIon. F. B. Gaynor, I udge. Action of foreclosure resulted in the dismissal of the petition. Plaintiff appeals.
1Opinion of the CourtLadd, J.
On May 16, 1906, the defendant Pechen*381paugh executed to plaintiff his note for $3,500 and mortgage on a one-half section of land in Monona county to secure payment thereof. This was subject to a prior mortgage of $8,000 which had been executed to one Ordway by Seright, a former owner of the land. Subsequently a third mortgage was executed to Holbrook & Bro. Owing to default in payment, the plaintiff began proceedings in foreclosure, June 3, 1908, and decree was entered as prayed September 8th following. While the action was pending, July 13, 1908, in order to protect and preserve his mortgage…
2Cases cited6 opinions
- Ahern v. FreemanSupreme Court of Minnesota · 1891
- Bennett v. First National BankSupreme Court of Iowa · 1905
- Persons v. ShaefferCalifornia Supreme Court · 1884
- Bowen v. GilbertSupreme Court of Iowa · 1904
- Stephens v. MitchellSupreme Court of Iowa · 1897
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3Cited by2 opinions
- Miller & Chaney Bank of Newell v. CollisSupreme Court of Iowa · 1931
- Jones v. KnutsonSupreme Court of Iowa · 1931