Hensley v. Whiffin
Supreme Court of Iowa
Appeal from Taylor District Court. This is an action in equity and involves the title to a farm of 315 acres, in Einggold county. By the original action the plaintiff Hensley sought to redeem the land from the defendant Whiffin. His right of redemption was denied.
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Appeal from Taylor District Court. This is an action in equity and involves the title to a farm of 315 acres, in Einggold county. By the original action the plaintiff Hensley sought to redeem the land from the defendant Whiffin. His right of redemption was denied. See 54 Iowa, 555. The present controversy is between the defendants Lemley and Lemley on the one part, claiming the right to redeem the farm from a deed made in pursuance of a sheriff’s sale, upon the ground that said deed is in the nature of a mortgage, the transaction between them and Whiffin by which he was enabled to procure the…
1Opinion of the CourtEothrock, J.
In the year 1876 George Lemley and Louisa Lemley were the owners in fee of the farm. It was incumbered by a mortgage of $1,700 to one Morris. On the 15th of May, 1876, the Lemleys sold and conveyed the premises to one DeBolt who assumed the payment of the mortgage to Morris. A cash payment was made by DeBolt and he executed a mortgage upon the premises to the Lemleys to secure three notes of ' $1,000 each and one note of $500. By an agreement between the parties the Morris mortgage was taken up and DeBolt gave his note and mortgage in lieu thereof as a first mortgage on the land. Morris also…
2Cases cited1 opinion
- Wormley v. HamburgSupreme Court of Iowa · 1877