Iowa Loan & Trust Co. v. Kunsch
Supreme Court of Iowa
Appeal from Polk District Court. — -Hon. Lawrence De Grade, Judge. In this special proceeding to determine whether L. J. Klemm, one of the defendants, was entitled to redeem from an execution sale under foreclosure of plaintiff’s mortgage, the court held that such redemption could not be made, and from this ruling Klemm appeals.
1Opinion of the CourtMcClain, C. J.
The action in which the present auxiliary proceeding has been instituted was one brought by the plaintiff to foreclose a mortgage given to it by defendant Kunseh upon a certain described tract of land to-which junior lienholders were made parties. A decree of foreclosure having been entered against Kunseh as mortgagor and the lienholders as defendants, there was an execution sale of the mortgaged property on March 12, 1910, to the plaintiff for the amount of the judgment. "Within nine months after the date of the sale, one Meredith took an assignment of the rights of one of the lienholders…
2Cases cited2 opinions
- Hawkeye Insurance v. MaxwellSupreme Court of Iowa · 1903
- Kendig v. McCallSupreme Court of Iowa · 1907
3Cited by8 opinions
- Northwestern Mutual Life Insurance v. HansenSupreme Court of Iowa · 1928
- Wilson v. CrimminsOregon Supreme Court · 1943
- Central State Bank v. LordSupreme Court of Iowa · 1927
- Burns v. HanbySupreme Court of Iowa · 1918
- Gates v. IvesSupreme Court of Iowa · 1921
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