Stadler, Bro. & Co. v. Allen
Supreme Court of Iowa
Appeal from Warren District Coitrt. This is an action brought by one claiming to be a junior lien-holder by judgment, to redeem - lands covered by a mortgage after a foreclosure to which he was not a party. There was a decree in the District Court dismissing plaintiffs’ bill, after a trial upon the merits, from which they appeal. The facts of the case involved in the question decided in the opinion appear therein.
1Opinion of the CourtBeck, J.
The facts of this case, so far as they are involved in the question upon which the decision we shall announce wholly rests, are as follows:
1. September 24th, 1857, John D. Parmlee and John "Watts executed a mortgage on the lands involved in this action to B. E. Allen. It was filed for record the following day.
2. A decree of foreclosure was rendered upon this mortgage February 18, 1861; the amount found due the plaintiff therein is $3,739. Plaintiffs were not made parties to the foreclosure proceedings.
3. On the 18th of May, 1861, the lands were sold upon the foreclosure decree.
4. On the 14th…
2Cases cited2 opinions
- Lamb v. ShaysSupreme Court of Iowa · 1863
- Hultz v. ZollarsSupreme Court of Iowa · 1874
3Cited by7 opinions
- Slattery v. JonesSupreme Court of Missouri · 1888
- Howland v. KnoxSupreme Court of Iowa · 1882
- A. M. Byers & Co. v. McEnirySupreme Court of Iowa · 1902
- Anderson v. WilsonSupreme Court of Iowa · 1909
- Block & Pollak Iron Co. v. Holcomb-Brown Iron Co.Supreme Court of Iowa · 1898
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