Lamb v. Feeley
Supreme Court of Iowa
Appeal from Tama District Court. Plaintiff, as assignee of a mortgage executed January 9, 1882, due in one year, filed his petition for foreclosure, February 26th, 1885. Defendants answered that there was a foreclosure of' a prior mortgage upon the same land given in 1876, and a sheriff’s sale thereunder November 5, 1884; that plaintiff purchased the notes and mortgage .sued on, March 12, 1883; that more than six and less than nine months after the sheriff’sísale, plaintiff,…
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Appeal from Tama District Court. Plaintiff, as assignee of a mortgage executed January 9, 1882, due in one year, filed his petition for foreclosure, February 26th, 1885. Defendants answered that there was a foreclosure of' a prior mortgage upon the same land given in 1876, and a sheriff’s sale thereunder November 5, 1884; that plaintiff purchased the notes and mortgage .sued on, March 12, 1883; that more than six and less than nine months after the sheriff’sísale, plaintiff, as junior mortgagee, redeemed from the sheriff’s sale by paying to the purchaser thereat the full amount, with…
1Opinion of the CourtRothrock, J.
2.--:---: redemption ¿y junior mortgagee: claims extinguished. 1. Mortgage; foreclosure sale: redemption: what amounts to. Some question is raised in argument of counsel as to whether the plaintiff, in purchasing the certificate of sale under the senior mortgage, made a redemption under the statute; but we think the . . . . , ,, transaction amounted to, and actually was, a redemption. It has been decided that such a redemption, made after six and prior to nine months from the sale, can be made between the parties without the aid of the clerk. Goode v. Cummings, 35 Iowa, 67. The parties in…
2Cases cited1 opinion
- Goode v. CummingsSupreme Court of Iowa · 1872
3Cited by5 opinions
- Jack v. ColdSupreme Court of Iowa · 1901
- West v. FitzgeraldSupreme Court of Iowa · 1887
- Stephens v. MitchellSupreme Court of Iowa · 1897
- Meredith v. PetersonSupreme Court of Iowa · 1899
- Lamb v. WestSupreme Court of Iowa · 1888