Windsor v. Evans
Supreme Court of Iowa
Appeal from Taylor District Gov/rt — HoN. John W. Harvey, Judge. Action in chancery to foreclose a mortgage. There was a decree of foreclosure, but it provides that a part of the land shall be charged with less than its proportion of the mortgage debts. Plaintiffs appeal.
1Opinion of the CourtBeck, J.
*693i. bquitv: foreclosure: £sets.aIms *692I. The undisputed facts upon which the decis*693ion of the case turns are as follows-: J. M. Cobb and wife executed a mortgage upon several tracts of land to the Lombard Investment Company, to secure the payment of $2,500. Subsequently they executed to the same mortgagees a second mortgage upon forty acres of land, not included in the other mortgage, to secure $400 and interest. After the execution of these mortgages, they executed, a mortgage to plaintiff, to secure $1,159.13, upon all the lands before mortgaged, referred to above. This mortgage has been…
2Cited by2 opinions
- Case v. FrySupreme Court of Iowa · 1894
- Windsor & Cathcart v. CobbSupreme Court of Iowa · 1888