Smith v. Swan
Supreme Court of Iowa
Appeal from Des Moines District Oourt. Action against a junior incumbrancer to foreclose a mortgage. There was a decree declaring plaintiff’s mortgage to be the paramount lien, and providing .that defendant be permitted to redeem therefrom upon the payment'of the amount due upon plaintiff’s mortgage, after deducting certain sums found to be the value of the rent of the land, the possession of which was held by him. The defendant appeals.
1Opinion of the CourtBeck, J.
I. The undisputed facts of the case, as disclosed by the record, are as follows: (1) Uriah Foster, being the owner of the real estate in controversy, in 1877 executed to the plaintiff the mortgage sought to be foreclosed against defendant in this action. (2) In May, 1878, Uriah Foster conveyed the property to S. S. Foster, who, by a clause in the deed, assumed to pay the incumbrances thereon. (3) In •September of the same year defendant recovered a judgment against Uriah Foster, which remains unsatisfied. (4) In August, 1879, S. S. Foster reconveyed the real estate to Uriah Foster. (5) In the…
2Cases cited2 opinions
- Woodward v. DavisSupreme Court of Iowa · 1880
- Stimpson v. PeaseSupreme Court of Iowa · 1880
3Cited by8 opinions
- Hanlon v. DohertyIndiana Supreme Court · 1887
- Tolman v. SmithCalifornia Supreme Court · 1890
- Edney v. JensenNebraska Supreme Court · 1927
- Chausse v. Bank of GarlandUtah Supreme Court · 1928
- Losleben v. LoslebenSupreme Court of Minnesota · 1937
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