Smith & Crittenden v. Price
Supreme Court of Iowa
Appeal from Woolwry District Gourt. Action to foreclose a mortgage executed by the defendant Price. H. D. Booge et al. and their assignee in bankruptcy were made defendants, and O. S. Taylor, who claimed title to the mortgaged premises, intervened. The petition was dismissed, and the plaintiff and defendant Price appeal.
1Opinion of the Court
Servers, Ch. J.
The defendant, Price, was indebted to II. D. Booge & Co. She owned a mortgage on real estate executed by one Watts. This mortgage she gave to Booge & Co. for collection, as the District Court found. Booge & Co. brought 'suit in their own name to foreclose, and a decree foreclosing the mortgage was duly entered. The premises were sold under the decree and, upon the expiration of the period allowed to redeem, the sheriff conveyed the premises to Booge & Co. Afterward, in December, 1877, the defendant, Price, executed the mortgage sought to be foreclosed, the legal title to the…
2Cases cited2 opinions
- Voorhies v. FrisbieMichigan Supreme Court · 1872
- Wetmore v. McMillanSupreme Court of Iowa · 1881