Newman v. De Lorimer
Supreme Court of Iowa
Appeal from Dubuque District Court. Statute of limitations in equity proceedings: FORECLOSURE. — The petition, in this case, was filed April 28, 1864, to foreclose a - deed of trust made by Michael J. Sullivan, since deceased, to one John D. Sullivan as trustee to secure to tbe plaintiff, Newman, $690, “ to be paid on or before tbe 10th day of June, 1851, as will more fully appear by my promissory note, to that effect of tbe same date with these presents."
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Appeal from Dubuque District Court. Statute of limitations in equity proceedings: FORECLOSURE. — The petition, in this case, was filed April 28, 1864, to foreclose a - deed of trust made by Michael J. Sullivan, since deceased, to one John D. Sullivan as trustee to secure to tbe plaintiff, Newman, $690, “ to be paid on or before tbe 10th day of June, 1851, as will more fully appear by my promissory note, to that effect of tbe same date with these presents." The note, and tbe deed of trust securing it, bear date December 11, 1850; and tbe latter instrument was recorded in Dubuque county, where…
1Opinion of the Court
Dillon, J., „ mortgage. Various provisions of the statute have a bearing upon the question here presented. All actions . “ founded upon written-contracts, and those brought for the recovery of real property," must be brought years after their causes accrue. (Rev., § 2740.)
“In the absence of stipulations to the contrary, the mortgagor of real estate retains the legal title and right of possession thereof.” (Rev., § 2207.)
Mortgages must be foreclosed by civil action (Revision, § 3660), and deeds of trust may be treated like mortgages, and foreclosed by action in the District Court. (Revision, §…
2Cases cited2 opinions
- Cook & Sargent v. DillonSupreme Court of Iowa · 1859
- Harris v. MillsIllinois Supreme Court · 1862
3Cited by30 opinions
- City of Pella v. ScholteSupreme Court of Iowa · 1868
- Bacon v. ChaseSupreme Court of Iowa · 1891
- Gower v. WinchesterSupreme Court of Iowa · 1871
- Lilly v. DunnIndiana Supreme Court · 1884
- Green v. TurnerSupreme Court of Iowa · 1874
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