Cole v. Conner
Supreme Court of Iowa
Appeal from Polk District Court. Suit brought in the District Court of Polk county to foreclose a mortgage executed by defendant, who was a resident of said county, on property situated in Madison county. Defendant demurred to the jurisdiction of the court; and the demurrer was sustained and the cause dismissed. Plaintiff appeals. relied upon sections 1701, 1703,1704,1855,1858,1888 of the Code of 1851. submitted the cause without argument.
1Opinion of the CourtLows, C. J.
The foreclosure of' a mortgage under the Code of this State, is a proceeding in personam as well as in rem; and the service of notice upon the person of defendant in the county where he resides, confers upon the court equal jurisdiction with that of the mortgage premises. In this case the object of the suit was not simply to foreclose the equity of redemption by a sale of the premises, but to obtain judgment against the defendant for the whole demand, to be satisfied by general execution against his property, in the event the land mortgaged should fail to pay the same under sale by a special…
2Cited by6 opinions
- McDonald v. Second National BankSupreme Court of Iowa · 1898
- Equitable Life Ins. v. GleasonSupreme Court of Iowa · 1881
- Marquardt & Sons v. ThompsonSupreme Court of Iowa · 1889
- Gegelman Ex Rel. Gegelman v. ReiersgaardNorth Dakota Supreme Court · 1979
- Agricultural Credit Corp. v. Land Investment Co.North Dakota Supreme Court · 1936
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