White v. Watts
Supreme Court of Iowa
Appeal from Warren District Court. These parties are mortgagees of certain lands; tbe mortgagor being John D. Parmelee, and the defendant having the prior lien. In February, 1860, defendant obtained a decree of foreclosure, and on the first day of May thereafter sold under a special execution, and bid in all tbe lands so mortgaged.
Read the full summary
Appeal from Warren District Court. These parties are mortgagees of certain lands; tbe mortgagor being John D. Parmelee, and the defendant having the prior lien. In February, 1860, defendant obtained a decree of foreclosure, and on the first day of May thereafter sold under a special execution, and bid in all tbe lands so mortgaged. Plaintiff was named as a party in the petition of defendant, in his foreclosure proceedings, but was not served until June 26th, 1860. The decree in favor of defendant, at the February Term, 1860, expressly continued the cause for service against plaintiff, and…
1Opinion of the Court
Wright, Ch. J.
1. Sheriff’s sale: in parcels. Parmelee is insolvent, and it appears with remarkable certainty that the lands mortgaged are of sufficient value to pay both mortgages. There can be but little doubt that the sheriff sold the lands under the special execution in favor of Watts, in May, 1860, in a body, for a gross sum, and that they are clearly susceptible of advantageous division. There are five tracts of land, embracing in the aggregate 292 acres, and these were so improved and used that they might and should have been sold in distinct and separate parcels. That such a sale is…
2Cases cited5 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Boyd v. EllisSupreme Court of Iowa · 1860
- Ritter v. HenshawSupreme Court of Iowa · 1858
- Watts v. WhiteSupreme Court of Iowa · 1861
3Cited by6 opinions
- Martin Bros. Box Co. v. FritzSupreme Court of Iowa · 1940
- Moore v. HornerIndiana Supreme Court · 1896
- Copper v. Iowa Trust & Savings BankSupreme Court of Iowa · 1910
- Drake v. BricknerSupreme Court of Iowa · 1917
- Johnson v. HoveySupreme Court of Kansas · 1872
1 more not listed; retrieve them via the Exa API.