Prudential Insurance Co. of America v. Brennan

Anderson, J

On the 24th day of May,. 1933, the plaintiff commenced in the district court of Monona county, Iowa, two actions in equity to foreclose real estate mortgages upon lands situated in that county. By stipulation of the parties the. two cases were consolidated and are submitted here upon one record in accordance with such stipulation. The facts are alike in both cases, and this opinion shall apply as to both cases.

The action was an ordinary action in equity to foreclose a real estate mortgage and for judgment upon the indebtedness. The mortgage contained a provision for the appointment…