Marshall v. Ruddick
Supreme Court of Iowa
Appeal from General Term, First District {lee County). In February, 1856, S. T. and G. M. Marshall executed a mortgage to Patterson upon certain lots in block 30, in the city of Keokuk, to secure $3,500. Eeddington, afterward becoming the owner of these lots, made a mortgage thereon to Wilsey, who assigned the same to the Euddicks.
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Appeal from General Term, First District {lee County). In February, 1856, S. T. and G. M. Marshall executed a mortgage to Patterson upon certain lots in block 30, in the city of Keokuk, to secure $3,500. Eeddington, afterward becoming the owner of these lots, made a mortgage thereon to Wilsey, who assigned the same to the Euddicks. In a proceeding toforeclosue this latter mortgage, Patterson intervened, and on the 3d of June, 1861, his mortgage was, by proper decree, held to be paramount to that held by the Euddicks, and it was directed that from the proceeds of the sale he should first be…
1Opinion of the CourtWright, J.
l. mortgage: jmüoíincumDrancer:tender. Plaintiffs appeal from the refusal of the court to declare the judgment in favor of the Ruddieks against the Marshalls, to be null and void, And here the ground of complaint is this: that action it was claimed that the money was paid to Patterson forthwith upon the rendition of the decree of the foreclosure proceeding; that hence, under the statute, the junior mortgagees (Ruddieks), were-subrogated to all the rights of Patterson, and, among others, to be treated as creditors of the mortgagees -from the date of the first mortgage, or from February, 1856.…
2Cases cited1 opinion
- Pearson v. MinturnSupreme Court of Iowa · 1864
3Cited by7 opinions
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