Yetzer v. Wiles
Supreme Court of Iowa
Appeal from Cass District Court. — Hon. Walter I. Smith, Judge. Action in equity to foreclose a mortgage. Defense, payment of the notes, and a claimed right of redemption from a certificate of sale under a mortgage foreclosure on a mortgage given by defendants to the Western Loan & Trust Company, which certificate plaintiff purchased. Decree dismissing the petition and cross petition, and taxing a part of the costs to defendants. They appeal.
1Opinion of the CourtKinne, J.
I. Plaintiff filed his petition asking for the foreclosure of a mortgage executed by defendants upon certain land in Cass county, Iowa. Defendants admitted the execution of the notes and mortgage, denied any indebtedness, and averred that said notes were without consideration. In an amendment, they made the sheriff of the county a defendant, and asked that a temporary injunction issue restraining him from executing a deed to the premises. By way of cross petition, defendants averred that since the suit began plaintiff had become the purchaser of a certificate of sheriff’s sale of said land,…
2Cases cited8 opinions
- Hammond v. WolfSupreme Court of Iowa · 1889
- Kavalier v. MachulaSupreme Court of Iowa · 1889
- Merrill v. BoweSupreme Court of Iowa · 1886
- Arts v. CulbertsonSupreme Court of Iowa · 1887
- Baldwin v. RyderSupreme Court of Iowa · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith v. WellslagerSupreme Court of Iowa · 1898
- Calef v. ColeSupreme Court of Iowa · 1895
- Keith v. Conway Savings BankSupreme Court of Iowa · 1919