Jones v. Shay
Supreme Court of Iowa
Appeal from Adams District Gourt. Tins is an action at law by which Jones, the plaintiff and appellee, seeks to recover damages of the defendant for the alleged breach of the covenants in a deed of 160 acres of land. There was a trial to the court without a jury, and a judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtRothrock, J.
The facts upon which the cause of action arose are as follows : The land in question belonged to one Burns. In the year 1874 Burns mortgaged the land to the defendant, "Walter Shay, to secure the payment of $800 and interest. In the year 1878 lie made a second mortgage on the land to Smith and Crittenden to secure the payment of $800 and interest. Shay foreclosed his mortgage in the circuit court of the United States, without making Smith and Crittenden parties to the suit. The land was sold to Shay under the decree of foreclosure, and he received a deed therefor on November 11,1880. Smith…
2Cases cited1 opinion
- Smith v. ShaySupreme Court of Iowa · 1883
3Cited by2 opinions
- Warren v. ChandlerSupreme Court of Iowa · 1896
- Evans v. Hughes CountySouth Dakota Supreme Court · 1893