Evans v. Atkins
Supreme Court of Iowa
Appeal from Plymouth District Court. — Hon. Scoti M. Ladd, Judge. Action to redeem from a mortgage. The defendant demurred to plaintiff’s petition. The demurrer was overruled, and, plaintiff standing thereon, a decree was entered dismissing his petition.
1Opinion of the CourtBeck, J.
— I. One Hewitt executed a mortgage upon certain lands to Langdon, which, was foreclosed in a proper action, and the lands were sold on the decree to Langdon, and a deed for them was executed to him. He subsequently conveyed the lands, and his grantee conveyed them to defendant. Defendant and his grantees have occupied the lands for a number of years under the title based upon the foreclosure and sale thereunder. Plaintiff held a junior mortgage on the same lands covered by the mortgage foreclosed. He was not made a party to the foreclosure proceedings. He brings this action to redeem from…
2Cases cited1 opinion
- Shaw v. HeiseySupreme Court of Iowa · 1878
3Cited by1 opinion
- Nelson v. First National BankSupreme Court of Iowa · 1925