King v. Nelson
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. F. ConRAd, Judge. The plaintiff gave a chattel mortgage to the German Savings Bank of Des Moines upon property partly in Des Moines and partly in Louisa county. The mortgage stipulated for the usual foreclosure and sale by the mortgagor upon notice, and also for any other lawful method of foreclosure.
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Appeal from Polk District Court. — Hon. W. F. ConRAd, Judge. The plaintiff gave a chattel mortgage to the German Savings Bank of Des Moines upon property partly in Des Moines and partly in Louisa county. The mortgage stipulated for the usual foreclosure and sale by the mortgagor upon notice, and also for any other lawful method of foreclosure. The mortgage contained the following: “It is further agreed that the sale above provided for shall take place in any place within the city of Des Moines, or county of Polk, that may be determined upon by the German Savings Bank, by giving at least ten…
1Opinion of the CourtSheRwin, J.
It is contended that the bank or its assignee had no right, under the mortgage or under the •decree in the foreclosure case, to sell any part of the property in Louisa county. The mortgage may fairly and naturally be construed to provide for the sale of the property in Polk county only in the event of its foreclosure by the mortgagee by notice and sale, without the intervention •of the courts. But, however this may be, the jurisdiction of the district court in the foreclosure proceedings is unquestioned, and its decree therein, though unauthorized a. foreclosure ■ lateral at-1" tack' ^y the…
2Cases cited2 opinions
- Moore v. JeffersSupreme Court of Iowa · 1880
- Finch v. HollingerSupreme Court of Iowa · 1877