Shricker v. Field
Supreme Court of Iowa
Appeal from Scott District Court. In June, 1855, Johnson and wife executed a mortgage to Mary Lytance, to secure the sum of one thousand dollars. Mary afterwards married Edwin Field, and at the October term, 1858, of the Scott District Court, they obtained a judgment for the foreclosure of this mortgage.
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Appeal from Scott District Court. In June, 1855, Johnson and wife executed a mortgage to Mary Lytance, to secure the sum of one thousand dollars. Mary afterwards married Edwin Field, and at the October term, 1858, of the Scott District Court, they obtained a judgment for the foreclosure of this mortgage. This proceeding was against Johnson, and Francis Impey, H. Darlington and John E. Dillon, who were charged as subsequent incum-brancers, or as having, some interest in the property. After this decree the same property was sold at the suit of the executors of Mary Johnson, • (the late wife of…
1Opinion of the CourtWright, C. J.
One Darlington is made a party to complainant’s bill. He was also a party defendant to the petition of Field and wife, to foreclose their mortgage upon the ground that he held a subsequent incumbrance. In this case no relief was prayed against him, nor is it charged that he is doing, or is about to do any act to the injury of complainants. Indeed, no reason is shown for making him a party so far as relates to the injunction part of the case. It is objected however, by complainants that the court erred in dissolving the injunction, until all the defendants answered, and this is the first…
2Cases cited3 opinions
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- Livingston v. LivingstonNew York Court of Chancery · 1833
- Conway v. EllisonSupreme Court of Arkansas · 1852
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- Bankers Surety Co. v. LinderSupreme Court of Iowa · 1912
- Stanbrough v. CookSupreme Court of Iowa · 1891
- Chicago Great Western Railway Co. v. Iowa Central Railway Co.Supreme Court of Iowa · 1909
- Laplant v. City of MarshalltownSupreme Court of Iowa · 1907
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