Colyar v. Pettit
Supreme Court of Iowa
Appeal from, Jasper Circuit Court. The plaintiff was the owner of certain real estate described in the petition, and executed a mortgage thereon. He afterward conveyed to Hayes, who assumed the payment of the mortgage. Hayes conveyed to the defendant, James Pettit, who also assumed the payment of the mortgage. The mortgage was assigned to Jay Clark, who brought an action thereon to foreclose, and to obtain a personal judgment against the plaintiff, Hayes and James Pettit.
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Appeal from, Jasper Circuit Court. The plaintiff was the owner of certain real estate described in the petition, and executed a mortgage thereon. He afterward conveyed to Hayes, who assumed the payment of the mortgage. Hayes conveyed to the defendant, James Pettit, who also assumed the payment of the mortgage. The mortgage was assigned to Jay Clark, who brought an action thereon to foreclose, and to obtain a personal judgment against the plaintiff, Hayes and James Pettit. The defendant, Ann Pettit, was a party to the action, and a personal-judgment was obtained against the plaintiff, Hayes…
1Opinion of the CourtSeevers, J.
The amount in contrqversy is less than one hundred dollars, and, as there is no certificate of the trial judge, counsel for the appellee insists that this court has no jurisdiction of this cause, under Code, § 3173. This is clearly so, unless an interest in real property is involved. *99The plaintiff seeks to establish a lien on the real estate and-to subject it to the payment of a certain sum of money. ITe does not seek to recover an interest in real estate. All judgments at law, rendered in conrts of record, are liens on real estate, hut it has never been supposed that the title to, or any…
2Cases cited1 opinion
- Andrews & Smith v. Burdick & GobleSupreme Court of Iowa · 1883
3Cited by2 opinions
- Hidy Bros. v. HansonSupreme Court of Iowa · 1902
- Brown & Sons v. SmithSupreme Court of Iowa · 1888