Knowles v. Rablin
Supreme Court of Iowa
Appeal from Lee District Court. This is a suit in equity to redeem from a senior mortgage foreclosure sale. The petition alleges that on September 24, 1856, Rufus Wilsey and J. M. Breeden-having purchased and received conveyance of certain real estate in Lee county of the defendant, John Rablin, mortgaged the same to him to secure two thousand dollars of the purchase-money, which mortgage was duly recorded October 18, 1856. That on the 16th day of January, 1857, Wilsey sold…
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Appeal from Lee District Court. This is a suit in equity to redeem from a senior mortgage foreclosure sale. The petition alleges that on September 24, 1856, Rufus Wilsey and J. M. Breeden-having purchased and received conveyance of certain real estate in Lee county of the defendant, John Rablin, mortgaged the same to him to secure two thousand dollars of the purchase-money, which mortgage was duly recorded October 18, 1856. That on the 16th day of January, 1857, Wilsey sold and conveyed an undivided half thereof to George R. Todd, who executed a mortgage thereon of that date to Wilsey, to…
1Opinion of the CourtCole, J.
1. notice: as penaens. It may well be conceded, that Smarr, by his action to foreclose the mortgage, given to secure the note assigned to him and the two other notes, did gjye construo{ive legal notice to Rablin and the world of his interest in the mortgage premises. Such action was sufficient to charge third persons with notice under our statute. See Rev., § 2842.
2. Pouf.gagee. Smarr, not being made a party to the foreclosure suit by Rablin, was not prejudiced by the judgment in that case, so as to bar his right to redeem as junior mortgagee. The plaintiff, by his purchase at the foreclosure…
2Cases cited3 opinions
- Johnson v. HarmonSupreme Court of Iowa · 1865
- Street v. BealSupreme Court of Iowa · 1864
- Massie v. WilsonSupreme Court of Iowa · 1864
3Cited by8 opinions
- Quinn Plumbing Co. Inc. v. New Miami Shores Corp.Supreme Court of Florida · 1930
- Sellwood v. GrayOregon Supreme Court · 1884
- Griffin v. JonesSupreme Court of Oklahoma · 1914
- Northwestern Mutual Life Insurance v. HansenSupreme Court of Iowa · 1928
- Martin v. FridleySupreme Court of Minnesota · 1876
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