Gower v. Winchester
Supreme Court of Iowa
Appeal from Johnson District Court. Petition, filed January 11, 1870, to redeem from foreclosure and sale under a senior mortgage.
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Appeal from Johnson District Court. Petition, filed January 11, 1870, to redeem from foreclosure and sale under a senior mortgage. It is shown by the petition and exhibits annexed that on the 17th day of December, 1855, Hiram "Watts made a mortgage to one John Aslein, on certain described lots in Iowa City; that on the 21th day of June, 1858, a judgment and decree of foreclosure was rendered on said mortgage against the mortgagor alone — no other persons having been made parties to the proceedings, and on the 18th day of April, 1859, the mortgaged premises were sold on special execution under…
1Opinion of the CourtMiller, J.
The rule is well established in this State, that subsequent mortgagees and purchasers of the mortgaged *305premises, not made parties to an action to foreclose a pior mortgage, are not bound by tlxe foreclosure. Heimstreet v. Winnie, 10 Iowa, 430; Street v. Beal & Hyatt, 16 id. 68; Chase v. Abbott, 20 id. 154; Johnson v. Harmon, 19 id. 56; Newcomb v. Dewey, 27 id. 381, 390. The' foreclosxxx’e axxd sale to Eaton, under the Aslien mortgage, therefore, did not bind Gowei-, the junior mortgagee. It is a well-established rule in equity that, until foreclosure, the right of redemption by the mortgagor…
2Cases cited7 opinions
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Burton v. HintragerSupreme Court of Iowa · 1865
- Ten Eyck v. CasadSupreme Court of Iowa · 1864
- Burnet v. DennistonNew York Court of Chancery · 1821
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
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- Clinton County v. CoxSupreme Court of Iowa · 1873
- Lilly v. DunnIndiana Supreme Court · 1884
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