Street v. Beal
Supreme Court of Iowa
Appeal from Potawattamie District Court. In July, 1856, defendants sold to one P. B. Dorsey Gray thirty-six acres of land; lie executed back mortgages, one to each, upon tbe undivided balf of said land, to secure tbe unpaid purqbase-money. Gray died, and bis title and right of redemption afterwards became invested in one N. G. Benton, who laid off said land into town lots, as an addition to tbe city of Council Bluffs.
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Appeal from Potawattamie District Court. In July, 1856, defendants sold to one P. B. Dorsey Gray thirty-six acres of land; lie executed back mortgages, one to each, upon tbe undivided balf of said land, to secure tbe unpaid purqbase-money. Gray died, and bis title and right of redemption afterwards became invested in one N. G. Benton, who laid off said land into town lots, as an addition to tbe city of Council Bluffs. Lots 1, 2 and 3, in block 12, on said plat, were sold to one J. S. Andrews, who in tbe year 1857 erected thereon a very large brick structure, at a heavy expenditure. At the…
1Opinion of the CourtLowe, J.
The case, as made by the bill and answers, is not varied by the evidence taken and submitted. The bill is without equity and should have been dismissed.
*70If in equity the plaintiff has the right to redeem lots 1, 2 and 3, under the circumstances stated in the bill, by paying the proportional value which they bear to the whole mortgage premises, still it does not appear from the face of the bill, or the evidence, that he offered to do so, or that he is ready or willing to do so now, except from the vaguest implication. But it may be remarked, as a matter of law and equity, that he possessed no…
2Cases cited1 opinion
- Heimstreet v. WinnieSupreme Court of Iowa · 1860
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- Douglass v. BishopSupreme Court of Iowa · 1869
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