Schafer v. Wilson
Supreme Court of Iowa
Appeal from Wappello- District Court — IIon. Frank W. Eichelberger, Judge. This is an action to foreclose a mortgage given by the Toziers purporting to cover lot No. 10 in Hammond’s addition to Ottumwa, and for personal judgment against the Wilsons, who took a conveyance from the Toziers of the premises covered by the mortgage, assuming the payment thereof. Hammond also asks foreclosure of a second mortgage, purporting to cover the same premises, also assumed by the Wilsons.
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Appeal from Wappello- District Court — IIon. Frank W. Eichelberger, Judge. This is an action to foreclose a mortgage given by the Toziers purporting to cover lot No. 10 in Hammond’s addition to Ottumwa, and for personal judgment against the Wilsons, who took a conveyance from the Toziers of the premises covered by the mortgage, assuming the payment thereof. Hammond also asks foreclosure of a second mortgage, purporting to cover the same premises, also assumed by the Wilsons. The Davenport Co-operative Bank sets up a claim to lot No. 9 of the same addition, which it appears constituted the…
1Opinion of the CourtMcClain, J.
*4771 2 *4793 *476In order to understand this controversy, it is necessary to state the relations of the parties to lots 8, 9, and 10 in Hammond’s addition. These lots lie side hy side, lot No. 10 being next north of a street, and lots Nos. 8 and 9, respectively, north of it. But by reason of a jog in *477the street referred to as it comes to this addition through another addition, lot No. 10 has in fact been used as a street, the property south of it which was platted as a street having been by mistake occupied by the purchaser of the lot nest south of the street, which is in Hammond’s -Sec-one! addition. By…
2Cases cited8 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Fuller & Co. v. HuntSupreme Court of Iowa · 1878
- Crowe v. . LewinNew York Court of Appeals · 1884
- Bullis v. NobleSupreme Court of Iowa · 1873
- Benedict v. HuntSupreme Court of Iowa · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ellis v. SimpsonSupreme Court of Iowa · 1925
- Erickson v. JohnsonSupreme Court of Iowa · 1915
- Des Moines Independent School District v. McClureSupreme Court of Iowa · 1915