Lombard v. Thorp
Supreme Court of Iowa
Appeal from Monroe District Court. AotioN on three promissory notes, and for the foreclosure of a mortgage given to secure the same. The notes and mortgage sued on were executed by the defendants T. S. Thorp and Amanda J\ Thorp, and were given to James S. Lombard.
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Appeal from Monroe District Court. AotioN on three promissory notes, and for the foreclosure of a mortgage given to secure the same. The notes and mortgage sued on were executed by the defendants T. S. Thorp and Amanda J\ Thorp, and were given to James S. Lombard. Plaintiff alleges that he is the owner of said notes and mortgages; also that defendant Samuel Shaw claimed some interest in the mortgaged premises, but that his interest was junior to said mortgage; and he prayed that the equity of redemption of each of the defendants in the premises be foreclosed. There was a j udgment for…
1Opinion of the CourtReed, J.
Defendant Shaw alone answered. Iiis answer put in issue the allegation of the petition that plaintiff was the owner of the notes and mortgage in suit. He also alleged that he was the owner of- one’-third of the mortgaged premises, and that he acquired title thereto by a conveyance from the defendant T. S. Thorp, who warranted the title, except as against one-third of the debt secured by the mortgage which plaintiff was seeking to foreclose, and he prayed that, if it should be found that plaintiff was entitled to a foreclosure of the mortgage, he be required by the judgment to exhaust the…
2Cases cited1 opinion
- Holbrook v. FaheySupreme Court of Iowa · 1879
3Cited by2 opinions
- Gillespie v. GibbsSupreme Court of Alabama · 1906
- Wahlberg v. C. A. Buchwald Lumber Co.Supreme Court of Iowa · 1912