Bosworth v. Farenholz
Supreme Court of Iowa
Appeal from the Scott District Court. This was an action to recover the possession of tbe west half of lot 2, in block 2, in Davenport. Botb parties claim title under Henry Farenholz., who received a conveyance of the premises from Henry Bliss. Bliss, on the 18th of June, 1851, before he conveyed to Henry Farenholz, mortgaged the premises to Antoine Yeager, to secure the payment of fifty dollars.
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Appeal from the Scott District Court. This was an action to recover the possession of tbe west half of lot 2, in block 2, in Davenport. Botb parties claim title under Henry Farenholz., who received a conveyance of the premises from Henry Bliss. Bliss, on the 18th of June, 1851, before he conveyed to Henry Farenholz, mortgaged the premises to Antoine Yeager, to secure the payment of fifty dollars. On the 22d of October, 1852, Yeager commenced suit in the Scott District Court, to foreclose the mortgage, making Bliss and wife and Henry Farenholz, parties. A decree of foreclosure and sale being…
1Opinion of the CourtStockton, J.
It is urged by defendant, as a fatal objection to plaintiff’s title and right to recover against her, that neither William Farenholz nor defendant, were made parties to the suit, brought by Yeager to foreclose the mortgage given by Bliss, June 18th, 1851. We do not see that the defendant is in a position to make this objection for William Farenholz. She does not connect herself in any manner with him, nor show any right to answer for him, except that she has in her possession the mortgage given by Henry tó William Farenholz, September 25, 1851. If by the production of this mortgage, it was…
2Cases cited2 opinions
- Ronkendorff v. Taylor's LesseeSupreme Court of the United States · 1830
- Gault v. WoodbridgeU.S. Circuit Court for the District of Ohio · 1847
3Cited by7 opinions
- Pursley v. HayesSupreme Court of Iowa · 1867
- Roberts v. DeedsSupreme Court of Iowa · 1881
- Cole v. Custer County Agricultural, Mineral & Stock Ass'nSouth Dakota Supreme Court · 1892
- Blair Town Lot & Land Co. v. ScottSupreme Court of Iowa · 1876
- Wiley v. SirdorusSupreme Court of Iowa · 1875
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