Dahms v. Alston
Supreme Court of Iowa
Appeal from, Cedar Rapids Superior Cou/rt. AotioN in equity to set aside a judgment of foreclosure, and a sheriff’s deed executed in pursuance of a sale thereunder, and to quiet in plaintiff the title to the real estate covered thereby. The superior court overruled a demurrer to the petition, and, defendant electing to stand on his demurrer, judgment was entered for plaintiff in accordance with the prayer of the petition. Defendant appeals.
1Opinion of the CourtReed, J.
The petition alleges that, while plaintiff was a minor, her guardian obtained an order of the circuit court permitting him to mortgage the premises in question as security for $200, which he was authorized to borrow for the purpose of making certain improvements on the premises ; that the guardian, claiming to act under the authority thus conferred upon him, executed a promissory note for $230.30, *412and gave a mortgage on the premises to secure the same; that this mortgage was never approved by the circuit court, but that a suit was instituted in the district court for the foreclosure of the…
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