Mayer v. Farmers' Bank
Supreme Court of Iowa
Appeal from Washington District Gourt. Action in equity. The petition states that S. R. Mather executed four promissory notes and secured the same by mortgage, and in September, 1870, one Keck brought suit on the notes and stated that the same were secured by mortgage on certain lands, describing them, and asked that the judgment obtained on the notes operate as a lien on the lands from thé date of the mortgage; that in June, 1870, the Farmers’ & Merchants’ Bank recovered a…
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Appeal from Washington District Gourt. Action in equity. The petition states that S. R. Mather executed four promissory notes and secured the same by mortgage, and in September, 1870, one Keck brought suit on the notes and stated that the same were secured by mortgage on certain lands, describing them, and asked that the judgment obtained on the notes operate as a lien on the lands from thé date of the mortgage; that in June, 1870, the Farmers’ & Merchants’ Bank recovered a judgment against Mather, in the Circuit Court; that on the 26th day of December, 1870, the premises described in the…
1Opinion of the Court
Seevers, Ch. J.
I. It is regarded as elementary and indisputable, in the absence of a statute to the contrary, that junior lienholders have the right of redemption, where there has been a foreclosure of a mortgage on real estate to which *214they have not been made parties. It is unnecessary, in order to sustain this proposition, to cite authoi’ities. Rut there has not been a foreclosure of any mortgage in this case, in the strict acceptation of the term. The proceeding under which the plaintiff claims was a statutory action at law, and what are the respective rights of the parties must and can…
2Cases cited4 opinions
- Kramer v. RebmanSupreme Court of Iowa · 1859
- Heimstreet v. WinnieSupreme Court of Iowa · 1860
- State v. EadsSupreme Court of Iowa · 1863
- Redfield v. HartSupreme Court of Iowa · 1861
3Cited by13 opinions
- Lincoln Joint Stock Land Bank v. MitchellSupreme Court of Iowa · 1948
- American Buttonhole, Co. v. Burlington Mutual Loan Ass'nSupreme Court of Iowa · 1883
- Dolan v. Midland Blast Furnace Co.Supreme Court of Iowa · 1904
- Hawkeye Bank & Trust N.A. v. MilburnSupreme Court of Iowa · 1989
- Matthews v. DavisSupreme Court of Iowa · 1883
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