19 Iowa 518 | Iowa | 1865
But it does satisfactorily appear that the sale by Farley and Chrisman, who were mortgagees with power of sale, was made by Farley as auctioneer to a brother of his co-mqrtgagee and partner, and for his partner’s use and benefit; and that such sale was made at about one-sixth the cost of the goods; nor is the sale otherwise free from suspicion. Under such .circumstances, the purchaser (being the mortgagee, with power of sale or trustee) did not acquire a title to the.property, divested of the equity or right of redemption in. the mortgagor or junior mortgagee, but took the same subject thereto. Vide art. on “ Sales and Titles under Deeds of Trust,” 2 Am. Law Reg., N. S., p. 728, § 85, and authorities cited; Mapps v. Sharpe & Co., 32 Ill., 13.
The testimony in'the casé shows the value of the goods or ' stock .of hardware at- the time of the sale under the mortgage, to have been (¡¡about fifty cents on the dollar. Whether the value was fifty cents or less on the. dollar, is perhaps left inconsiderable doubt by the. testimony in the
It appears from the evidence, that at time of the auction sale, under the mortgage, which was March 15th, 1860, the cost price of the goods unsold was $20,800, and that their real value was, at fifty per cent, $10,400. The amount of the debts secured by the mortgage to Farley and Chrisman, and unpaid at the same date was $9,321.74. For the difference between these sums, and the interest thereon from the date last aforesaid, a judgment will be entered in this court in favor of plaintiff, C. C. Alger, against the defendant, Jacob Chrisman, and the petition dismissed absolutely as to J. P. Farley, and without prejudice as to the other defendants. The judgment of the District Court is therefore •
Reversed.