Cook v. McFarland
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. John L. Stevens, Judge. Action in chancery to enforce the alleged right of plaintiff to redeem, as a junior judgment creditor, from a sale of lands upon a senior judgment. The relief sought in the petition was granted by the decree. Uefendants appeal.
1Opinion of the CourtBeck, J.
I. The undisputed facts of the case are these: Hoover and another, being indebted to McFarland, defendant, in large sums, which were secured by certain trust deeds executed by the debtors, on the seventeenth day of April, 1885, executed, in the form prescribed by statute, a confession or warrant authorizing a judgment to be entered against the debtors in favor of the creditors, and a decree foreclosing the rights of redemption under ' the deeds of trust. The confession of judgment prescribes that execution shall *529be stayed without bonds for a time named, and that, upon expiration of the stay…
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