Johnson v. Monell
Supreme Court of Iowa
Appeal from Pollc District Oouri. Foreclosure oe a mortgage. The petition alleged that one James O. Carson, on the 20th day of June, 1856, executed the mortgage set out as an exhibit thereto, for the purpose of securing the payment of two certain promissory notes; that on the 1st of October, 1856, Carson sold the land described in the mortgage, subject thereto, to Francis E. West; and that Francis E. West sold the same premises, subject to the mortgage, to the defendant John…
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Appeal from Pollc District Oouri. Foreclosure oe a mortgage. The petition alleged that one James O. Carson, on the 20th day of June, 1856, executed the mortgage set out as an exhibit thereto, for the purpose of securing the payment of two certain promissory notes; that on the 1st of October, 1856, Carson sold the land described in the mortgage, subject thereto, to Francis E. West; and that Francis E. West sold the same premises, subject to the mortgage, to the defendant John J. Monell. The defendant indorsed on the back of the original notice, the following: “I, John J. Monell, the within…
1Opinion of the Court
Baldwin, O. J.
The first error assigned relates to the sufficiency of the service of the original notice. The plaintiff seeks the foreclosure of a mortgage upon certain real estate, executed by one Carson to the petitioner. Carson sold the mortgaged premises to one West, who afterwards sold the same to defendant. The land is within the jurisdiction of the court. The service of the notice was made beyond the limits of the state.
The defendant waived service of the notice, by an indorsement to this effect, made upon the back of the notice, and over his signature thereto. It is objected that such…
2Cited by18 opinions
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- Seiffert & Wiese Lumber Co. v. HartwellSupreme Court of Iowa · 1895
- Shult v. DoyleSupreme Court of Iowa · 1925
- Granger v. RollSouth Dakota Supreme Court · 1895
- Day v. BaldwinSupreme Court of Iowa · 1872
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