Legal Opinion

Kellogg v. Illinois Central Railroad

Supreme Court of Iowa

Decided April 5, 1927Published

1Opinion

Kellogg was a purchaser at the mortgage foreclosure sale. As 4. MORTGAGES: such purchaser, he took the entire title that foreclosure: the mortgagor had in said premises, as of the title date of the execution of the mortgage. In acquired by McElroy v. Allfree, 131 Iowa 112, it is purchaser. said:

"The purchaser becomes privy in estate with the mortgagor with respect to the title as it existed when the mortgage was executed * * *."

This is the general rule of the authorities. Hokanson v.Gunderson, 54 Minn. 499 (56 N.W. 172); 27 Cyc. 1791, Section e;Bateman v. Kellogg, 59 Cal.App. 464 (211 P. 46);…

2Cases cited9 opinions

  1. Bateman v. KelloggCalifornia Court of Appeal · 1922
  2. Meier v. MeierSupreme Court of Missouri · 1891
  3. Hokanson v. GundersonSupreme Court of Minnesota · 1893
  4. McNutt v. Nuevo Land Co.California Supreme Court · 1914
  5. Gamble v. HorrMichigan Supreme Court · 1879

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