McDowell v. Lloyd
Supreme Court of Iowa
Appeal from Mills District Court, On the 3d of February, 1865, defendant made his three promissory notes to Parous Harbert, then in life, now deceased — one note for $500, payable September 1, 1865; another for $750, payable January 1, 1866; and still another for $750, payable January 1, 1867' — all secured by mortgage on certain lands therein described, to foreclose which, this suit is brought by Mary Ann McDowell, late Mary Ann Harbert, administratrix.
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Appeal from Mills District Court, On the 3d of February, 1865, defendant made his three promissory notes to Parous Harbert, then in life, now deceased — one note for $500, payable September 1, 1865; another for $750, payable January 1, 1866; and still another for $750, payable January 1, 1867' — all secured by mortgage on certain lands therein described, to foreclose which, this suit is brought by Mary Ann McDowell, late Mary Ann Harbert, administratrix. The prayer of the petition is, that a decree of foreclosure be granted on the two notes now due, as also a decree of foreclosure on the…
1Opinion of the Court
Lowe, Oh. J".
1. Mortgage: foreclosure, A foreclosure is a statutory proceeding to which the court will apply the principles of both law and equity jurisdiction. Kramer v. Rebman, 9 Iowa, 114; Tomlinson v. Funston, 1 Green., 545. A court of equity having acquired jurisdiction over the subject-matter for one purpose, may be invested with jurisdiction for other purposes, so as to secure complete equity and justice between the parties. Franklin Ins. Co. v. McCrea, 4 Green., 229.
2. _ equity jurisdiction. It is a principle of chancery practice, often recognized and acted upon, that when the court…
2Cases cited2 opinions
- Kramer v. RebmanSupreme Court of Iowa · 1859
- Mussina v. BartlettSupreme Court of Alabama · 1838
3Cited by9 opinions
- Ambrose v. ParrottSupreme Court of Kansas · 1882
- Wells v. OrdwaySupreme Court of Iowa · 1899
- Burroughs v. EllisSupreme Court of Iowa · 1888
- Harrison County v. OgdenSupreme Court of Iowa · 1914
- Cadd v. SnellSupreme Court of Iowa · 1935
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