Elliot v. Lane
Supreme Court of Iowa
Appeal from Allamalcee District Court. — How. L. O. Hatch, Judge. Action in chancery to foreclose a mortgage upon more than one thousand acres of land, brought against the mortgagors, Lane and wife. Nancy J. Jenks intervenes, claiming to hold the title to the land under a conveyance to her by the mortgagors, before the mortgage was executed, under which she has continuously held possession of the land.
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Appeal from Allamalcee District Court. — How. L. O. Hatch, Judge. Action in chancery to foreclose a mortgage upon more than one thousand acres of land, brought against the mortgagors, Lane and wife. Nancy J. Jenks intervenes, claiming to hold the title to the land under a conveyance to her by the mortgagors, before the mortgage was executed, under which she has continuously held possession of the land. Upon a trial on the merits, the mortgage was foreclosed, and the petition of the inter-venor was dismissed, and she appeals.
1Opinion of the CourtBeck, C. J.
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I. No question arises on this appeal upon the decree of foreclosure and the judgment against the mortgagors, Lane and wife, further than they would be affected, by the intervenor’s claim, should it be *485sustained. The mortgagors do not appeal, and, therefore, the correctness of the decree of foreclosure and of the judgment, as against them, is not brought in question.
The only questions before us for consideration relate to and involve the intervenor’s claim to a large part of the land, which is pleaded in her petition. It is based upon these alleged facts, set out in the petition of…
2Cases cited3 opinions
- Townsend v. LittleSupreme Court of the United States · 1883
- Thomas v. KennedySupreme Court of Iowa · 1868
- Iowa Loan & Trust Co. v. KinoSupreme Court of Iowa · 1882
3Cited by7 opinions
- Brunsdon v. BrunsdonSupreme Court of Iowa · 1924
- Lay v. NuttMississippi Supreme Court · 1943
- Booth v. CadySupreme Court of Iowa · 1934
- Walden v. WilliamsSupreme Court of Arkansas · 1917
- Burmeister v. WalzSupreme Court of Iowa · 1933
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