Citizens' State Bank v. Jess
Supreme Court of Iowa
Appeal fróm Dubuque District Court. — ■ Host. Need Ó’DoN-Nell, Judge. Suit in equity for the foreclosure of a mortgage upon the property of the defendants Jess. The city of Dubuque was made a party to cut off its lien, by reason of some special assessments made against the property. To the petition as amended and a supplement thereto, the city demurred. This demurrer was sustained, and plaintiffs appeal.
1Opinion of the CourtDeemer, J.
The original petition asked for the foreclosure" of a mortgage upon certain property owned by the defendants Jess. The city was made a party to the action because it claimed a lien upon the property in virtue of some special assessments levied against it. The petition charged that these assessments were junior and inferior to plaintiff’s mortgage, because of defects in the proceedings relating thereto, which rendered them void. In a supplemental petition plaintiffs averred that since the commencement of the action they had recovered judgment and a decree of foreclosure against defendants…
2Cases cited11 opinions
- Baker v. KelleySupreme Court of Minnesota · 1866
- Miller v. Keokuk & Des Moines R'y Co.Supreme Court of Iowa · 1883
- Lull v. Anamosa National BankSupreme Court of Iowa · 1900
- Kreuger v. SylvesterSupreme Court of Iowa · 1897
- Dolan v. HubingerSupreme Court of Iowa · 1899
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3Cited by7 opinions
- In Re Estate of MikkelsenSupreme Court of Iowa · 1926
- Grimes Savings Bank v. McHargSupreme Court of Iowa · 1933
- Kellogg v. Illinois Central RailroadSupreme Court of Iowa · 1927
- Horn v. City of CharlestonWest Virginia Supreme Court · 1922
- Steber v. Chicago, Great Western Railway Co.Supreme Court of Iowa · 1908
2 more not listed; retrieve them via the Exa API.