Tukey v. Foster
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. W. R. Green, Judge. Action to foreclose a mortgage and to redeem from those claiming title under the foreclosure of a prior mortgage resulted in a decree as prayed. Several of the defendants appeal.
1Opinion of the CourtLadd, J.
1. Mortgage foreclosure : appeal : jurisdiction. The mortgage sued on was executed by John W. Foster to the plaintiff February 25, 1888, both then being ■ res-idents of Nebraska, to' secure the payment a promissory note óf even date, due five years thereafter. This mortgage was by its terms and in fact subject to a mortgage covering the same land, executed by Foster to Richman & Son, and by that firm assigned to John Prail, bearing date December 17, 1887, which was subsequently foreclosed without making plaintiff a party to the proceedings, and sheriff’s deed issued^ in pursuance of the…
2Cases cited7 opinions
- Clayton v. SievertsenSupreme Court of Iowa · 1901
- Dillavou v. DillavouSupreme Court of Iowa · 1906
- Boice v. CoffeenSupreme Court of Iowa · 1912
- Sullivan v. SullivanSupreme Court of Iowa · 1908
- Ash v. AshSupreme Court of Iowa · 1894
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3Cited by7 opinions
- Midwestern Realty Co. v. City of Des MoinesSupreme Court of Iowa · 1930
- State Savings Bank v. Guaranty Abstract Co.Supreme Court of Iowa · 1915
- In Re Estate of ShumakerSupreme Court of Iowa · 1943
- Young v. RutherfordSupreme Court of Iowa · 1920
- Security Trust & Savings Bank v. GallupSupreme Court of Iowa · 1923
2 more not listed; retrieve them via the Exa API.