Watts v. White
Supreme Court of Iowa
Appeal from Warren District Court. At tbe February Term, 1860, a judgment of foreclosure was rendered against Parmleé and wife, tbe mortgagors, and a return of “ not found ” having been made as tó tbe defendant White, a junior incumbrancer, the cause was continued for service as to him.
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Appeal from Warren District Court. At tbe February Term, 1860, a judgment of foreclosure was rendered against Parmleé and wife, tbe mortgagors, and a return of “ not found ” having been made as tó tbe defendant White, a junior incumbrancer, the cause was continued for service as to him. In June following, White was personally served in the city of Baltimore, agreeably to the authority of § 1718 of the Code of 1851. At the succeeding term, in August, failing to appear, a decree cutting oif his equity was entered. White alone appeals. I. The return endorsed on the notice is insufficient in…
1Opinion of the CourtLowe, C. J.
In the assignment of errors three points are made:
1st. There was no legal service.
2d. If there was, the decree was rendered before the expiration of nine months after the first service.
3d. That the decree as rendered against the defendant White is in conflict with the “act to provide for the redemption of real estate sold on foreclosure,” approved April 2d, 1860.
As to this last point it is, perhaps, sufficient to remark that the object of the proceeding and decree against White was simply to cut off the equity of his lien as being junior to the mortgage on which the suit Avas brought; and…
2Cited by2 opinions
- White v. WattsSupreme Court of Iowa · 1864
- Budd v. DurallSupreme Court of Iowa · 1873