Barney v. Myers
Supreme Court of Iowa
Appeal from General Term, First District (Lee County). Action in equity to foreclose a mortgage upon nine city-lots. The defendant, Bridget Myers, became the owner of one of the lots ,by purchase under the mortgagors, after the mortgage was made and recorded ; and the controversy is now only upon the proportion of the mortgage debt her lot should bear, certain other lots having been released by the mortgagee.
Read the full summary
Appeal from General Term, First District (Lee County). Action in equity to foreclose a mortgage upon nine city-lots. The defendant, Bridget Myers, became the owner of one of the lots ,by purchase under the mortgagors, after the mortgage was made and recorded ; and the controversy is now only upon the proportion of the mortgage debt her lot should bear, certain other lots having been released by the mortgagee. The cause was referred to a commissioner whose report was made the basis of the judgment of the District Court, which was affirmed by the General Term. No material controversy arises as…
1Opinion of the Court
Cole, Ch. J.
It is the settled doctrine of this State, that incumbered real property, conveyed subsequently in parcels to different grantees, must contribute proportionately to the discharge of the incumbrance, and not in the inverse order of alienation. Bates v. Ruddick, 2 Iowa, 423; Massie v. Wilson et al., 16 id. 390.
*479Whether the amount to be paid by each grantee shall be' proportionate to the value of the parcels at the date of the incumbrance, or at the time of the contribution, is an immaterial question in this case, since the commissioner finds that the. amount paid for the release of…
2Cases cited1 opinion
- Bates v. RuddickSupreme Court of Iowa · 1856
3Cited by5 opinions
- Williams & Bessinger v. Foy Mfg. Co.Supreme Court of Georgia · 1900
- Fassett v. MulockSupreme Court of Colorado · 1880
- Witt v. RiceSupreme Court of Iowa · 1894
- Neely v. WilliamsCourt of Appeals for the Eighth Circuit · 1906
- Tufts v. StanleySupreme Court of Iowa · 1876