Whitley v. Barnett
Supreme Court of Iowa
Appeal from Van Burén District Court. — Hon. M. A. Roberts, Judge. Decree foreclosing mortgage was entered on service by publication, and thereafter an order for retrial was entered. The second count of the jietition subsequently was dismissed without prejudice and on hearing the original decree based on the first count of the petition was confirmed. The defendants appeal.
1Opinion of the CourtLadd, J.
Suit was begun December 1, 1908. In the first count of the petition judgment for the amount due on a promissory note was prayed arid also foreclosure of the mortgage securing'its payment. The original notice was served by publication, and decree of foreclosure entered January 5, 1909. Thirteen days later personal judgment was entered on the note mentioned in the second count of the petition. Special execution issued, and the mortgaged property was sold to plaintiff March 3, 1909. A week thereafter Mary Barnett, owner of the mortgaged premises, moved for a retrial of the action, at the same…
2Cases cited5 opinions
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Scruggs v. Memphis & Charleston RailroadSupreme Court of the United States · 1883
- Barnett v. NelsonSupreme Court of Iowa · 1880
- Barnard v. PatersonMichigan Supreme Court · 1904
- Froud v. Merritt Bros.Supreme Court of Iowa · 1896
3Cited by5 opinions
- Harrington v. FeddersenSupreme Court of Iowa · 1929
- Richardson v. RuskSupreme Court of Iowa · 1932
- First Trust Joint Stock Land Bank v. StevensonSupreme Court of Iowa · 1932
- Traeger v. TraegerWisconsin Supreme Court · 1967
- Western Education Society v. HuntingtonOhio Superior Court, Cincinnati · 1914