Thompson v. Bertram
Supreme Court of Iowa
Appeal from Lee District Court. In January, 1857, Edward Kilbourne sold certain real estate situated in tbe city of Keokuk, to one Bertram, who gave his negotiable note to the grantor for the purchase money, and executed a mortgage on the premises to secure the same. Bertram sold the property to Rhodes, and Rhodes afterwards sold and conveyed to Thomas and Young, the appellants.
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Appeal from Lee District Court. In January, 1857, Edward Kilbourne sold certain real estate situated in tbe city of Keokuk, to one Bertram, who gave his negotiable note to the grantor for the purchase money, and executed a mortgage on the premises to secure the same. Bertram sold the property to Rhodes, and Rhodes afterwards sold and conveyed to Thomas and Young, the appellants. In the deed which was executed by Rhodes to Thomas and Young the mortgage and notes of Bertram to Kilbourne were referred to as follows: “ The certain mortgage on said premises made by J. H. M. Bertram to Edward…
1Opinion of the CourtLowe, J.
The.foreclosure of a mortgage in which'the mortgagor and his vendees are made parties defendants, the latter having assumed in their deed of purchase to pay the debt of the mortgagor, a personal judgment was rendered against them as well as a special decree of foreclosure against the property. The vendees appeal, insisting that it was not competent for the Court to render such a judgment against them. This precise question, after full argument and careful consideration, we decided against the defendants in the case of Corbett v. Waterman, 11 Iowa, 87; affirming the same principle a second…
2Cases cited2 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- Moses v. Clerk of Dallas District CourtSupreme Court of Iowa · 1861
3Cited by11 opinions
- Crawford v. EdwardsMichigan Supreme Court · 1876
- Fithian v. MonksSupreme Court of Missouri · 1869
- Beeson v. GreenSupreme Court of Iowa · 1897
- Moore v. BookerNorth Dakota Supreme Court · 1894
- O'Conner v. O'ConnerTennessee Supreme Court · 1889
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