Holloway v. Sherman
Supreme Court of Iowa
Appeal from Scott District Court. relied upon Greene v. Biddle, 8 Wheat. 1; 4 Miller’s Louis. R. 94; Sturges v. Crowninshield, 4 Wheat. 122 ; Bronson y. Kinsie, 1 How. R. 4 Watts & Ser. 218; 4 Humph. Term. R. 13; Chadwiclc v. Morse, 8 Watts & Ser. 49 ; MeCraelcen v. Hayward, 2 How. Santo v. The State of Iowa, 2 Iowa 165; State of Iowa ex rel. Weir v. The County, lb. 280; Heed v. Wright, 2 G. Greene 15.
1Opinion of the CourtLowe, C. J.
On the 7th day of April, 1860, an act to regulate the foreclosure of mortgages became a law, by publication, and was to expire by its own limitation, on the 1st day of January following. This act declared, “that in actions commenced, or to be commenced, between these two periods of time, for the foreclosure of mortgages, the defendants should not be held to answer therein, until the expiration of nine months after the date of the service of the original notice in such actions on the first defendant served.”
The plaintiff in his suit of foreclosure effected service after said law had taken…
2Cases cited3 opinions
- Chadwick v. MooreSupreme Court of Pennsylvania · 1844
- Rosier v. HaleSupreme Court of Iowa · 1860
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3Cited by8 opinions
- McCormick v. RuschSupreme Court of Iowa · 1863
- Phinney v. PhinneySupreme Judicial Court of Maine · 1889
- Craig v. WaggonerSupreme Court of Iowa · 1934
- Moore v. LetchfordTexas Supreme Court · 1872
- Watts v. EverettSupreme Court of Iowa · 1877
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