Dilger v. Palmer
Supreme Court of Iowa
Appeal from Lúeas District Gou/rt. Action to foreclose a mortgage in the ordinary form, executed by Tilomas E. Palmer and wife. John H. Gear, trustee, and the First National Bank of Chariton, were made defendants, it being alleged that they were lien holders junior to the mortgage. Thos. E. Palmer and wife filed a cross-petition which was answered by the other defendants. There was a decree foreclosing the mortgage, but the relief asked for in the cross-petition was denied.
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Appeal from Lúeas District Gou/rt. Action to foreclose a mortgage in the ordinary form, executed by Tilomas E. Palmer and wife. John H. Gear, trustee, and the First National Bank of Chariton, were made defendants, it being alleged that they were lien holders junior to the mortgage. Thos. E. Palmer and wife filed a cross-petition which was answered by the other defendants. There was a decree foreclosing the mortgage, but the relief asked for in the cross-petition was denied. The defendants, Thos. E. Palmer and wife, appeal.
1Opinion
OPINION ON REHEARING.
Day, J.
Upon the petition of appellants a rehearing was granted in the foregoing case. The appellee replied to the argument of petitioners, and the cause is again submitted for determination. The casáis briefly this: In 1873, T. E. Pal*129iner and wile executed a mortgage upon eighty acres of land, forty acres of which constituted their homestead. Afterward they sub-divided the homestead forty into three lots, designated. as lots 1, 2 and 3. Subsequently, for the expressed consideration of $5,000, they conveyed by warranty deed the forty other than the homestead, and lot No. 1…
2Cases cited9 opinions
- Taylor v. TaylorSupreme Court of Minnesota · 1865
- Burch v. . NewburyNew York Court of Appeals · 1852
- Gray v. PingrySupreme Court of Vermont · 1845
- Johnson v. BallouMichigan Supreme Court · 1874
- Donnell v. StateIndiana Supreme Court · 1851
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