20 Iowa 55 | Iowa | 1865
This act provides, “ that in all cases where judgments or decrees are rendered by any of the courts of this State upon a foreclosure of mortgages on real estate, the defendant’s judgment creditors and other creditors having liens upon the mortgaged premises, shall, in case of the sale of the mortgaged premises on execution, have the same time to redeem and the same rights to redemption as in cases of sales on ordinary judgments at law.”
Now, the object of the act of 1860 was to enlarge the rights, as thus declared, of the mortgagor and lien holders, by giving them a right of redemption after sale, the same, as to time and terms, as in cases of sales upon ordinary-judgments.
The act contemplates and refers to cases where the debtor and lien incumbrancers are made parties. If made parties, they must redeem within the time and upon the terms prescribed. If not made parties, the act does not appljq and consequently they are not bound to redeem within the time thus limited. The defendant’s construction contravenes the legislative intention, by restricting, rather than enlarging, the rights of subsequent incumbrancers. .
The judgment of the District Court sustaining the demurrer to the petition is reversed, and the cause remanded with leave to the appellees to answer, if so advised.
Reversed.