Legal Opinion

Moores v. Ellsworth

Supreme Court of Iowa

Decided June 12, 1867PublishedCited by 3 opinions

Appeal from Bremer District Court. This action was brought at the January term of the District Court of Bremer county, Iowa, against the executors and heirs of W. P. ITarmon, deceased, to foreclose a certain mortgage given by said Harmon in his life-time, to secure the payment of his two certain promissory notes given to the plaintiffs, and due respectively May 13, 1865, and May 13, 1866. The defendants filed their answer, admitting the plaintiffs’ petition, and alleging…

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Appeal from Bremer District Court. This action was brought at the January term of the District Court of Bremer county, Iowa, against the executors and heirs of W. P. ITarmon, deceased, to foreclose a certain mortgage given by said Harmon in his life-time, to secure the payment of his two certain promissory notes given to the plaintiffs, and due respectively May 13, 1865, and May 13, 1866. The defendants filed their answer, admitting the plaintiffs’ petition, and alleging further a special defense, “ that the plaintiffs, on or about the 26th day of January, 1866, and before commencing this…

1Opinion of the Court

Lowe, Ch. J.

1. executor trator: claims secures iiy mortgage, The defense set up was insufficient to bar the plaintiffs’ foreclosure, and the demurrer should have been sustained. We can perceive no reason why the allowance of a claim, secured 7 by mortgage, although duly filed and proved before the County Court, against the estate of deceased, should constitute a waiver of the right subsequently to foreclose the mortgage.

It is a well understood rule of law that a mortgage lien continues until the debt, to secure which the same was executed, shall have been paid or extinguished. Such filing,…

2Cases cited1 opinion

  1. Wahl v. PhillipsSupreme Court of Iowa · 1861

3Cited by3 opinions

  1. Andrews v. MorseSupreme Court of Kansas · 1893
  2. In re Assignment of WindhorstSupreme Court of Iowa · 1898
  3. Crooker v. PearsonSupreme Court of Kansas · 1889

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