Finnagan v. Manchester
Supreme Court of Iowa
Appeal from Greene District Court. Foreclosuke of a mortgage, commenced in July, 1860. Complainant asks a foreclosure of the equity of redemption of the mortgagors, and a judgment and execution against the maker of the note, (Richard Manchester,) for any balance unpaid after the sale of the mortgaged premises. Respondents reside in Webster county, the land is in Greene.
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Appeal from Greene District Court. Foreclosuke of a mortgage, commenced in July, 1860. Complainant asks a foreclosure of the equity of redemption of the mortgagors, and a judgment and execution against the maker of the note, (Richard Manchester,) for any balance unpaid after the sale of the mortgaged premises. Respondents reside in Webster county, the land is in Greene. They appeared, and moved a change of venue to Webster, which was refused; decree of foreclosure prayed, and respondents appeal.
1Opinion of the CourtWright, J.
There is nothing in the case of Breckenridge v. Brown et ux., 9 Iowa 396, or Cole v. Conner, 10 Ib. 399, to sustain appellant’s position. On the contrary, as we understand and read those cases, the action might have been commenced in either county.
The order for the recovery of the money is against one of the defendants, without name. It is most manifest, however, from the whole record and the entire language of the decree, that it can only refer to the husband, (Richard.) The objection, therefore, to this part of the order is overruled.
Affirmed, with 2 per cent damages.
2Cases cited1 opinion
- Breckinridge v. BrownSupreme Court of Iowa · 1859
3Cited by9 opinions
- Fleenor v. DriskillIndiana Supreme Court · 1884
- Kapiolani Estate, Ltd. v. AtcherlyHawaii Supreme Court · 1903
- Blythe v. GibbonsIndiana Supreme Court · 1893
- First National Bank v. GarlandMichigan Supreme Court · 1896
- McDonald v. Second National BankSupreme Court of Iowa · 1898
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