Legal Opinion

Bailey v. Malvin

Supreme Court of Iowa

Decided April 21, 1880PublishedCited by 1 opinion

Appeal from Delaware Cvromt Court. .Action in chancery to foreclose a mortgage. There was a decree of foreclosure which provides for the priority of liens' held by the parties. The plaintiff and two of the defendants" appeal. The facts of the case appear in the opinion.

1Opinion of the CourtBeck, J.

I. The petition alleges that plaintiff is the holder of a note for $1,000 executed by defendant Malvin, and secured by a mortgage on certain lands which are described. Nathan Odell and John McCrum are made defendants, and it is alleged that whatever interest in, or lien upon, the land is held by them is inferior to the lien of plaintiff. Malvin and his wife made default. The other defendants named answered, alleging that the note held by* plaintiff has been paid. They further show that McOrum holds a mortgage upon the lands involved in this action upon which a suit to foreclose is pending in…

2Cases cited2 opinions

  1. Brotherton v. BrothertonSupreme Court of Iowa · 1875
  2. Simondson v. SimondsonSupreme Court of Iowa · 1878

3Cited by1 opinion

  1. Heuser v. SharmanSupreme Court of Iowa · 1893

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