Supreme Court of Iowa, 1862

Stoddard v. Hays

Stoddard v. Hays
Supreme Court of Iowa · Decided January 10, 1862 · Baldwin
12 Iowa 576

Stoddard v. Hays

Opinion of the Court

Baldwin, C. J.

The complainant seeks to redeem certain real estate sold under a mortgage, executed by Burris *577and wife, to defendant. Stoddard, subsequent to the date of said mortgage obtained a judgment against Burris, but prior to the sale under the foreclosure. Upon the authority of Kramer v. Rebman, 9 Iowa 115, neither the mortgagor nor his judgment creditor can redeem after a sale of such a foreclosure. The decree of the District Court is therefore reversed.

Jacob Butler for the appellants. No appearance for the appellee.

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