138 Iowa 711 | Iowa | 1908
The real property to which this action relates consists of fractional portions of two town lots on which is situated a brick store building occupying the entire fraction of one lot and a portion of the fractional part of the other. On May 11, 1905, the People’s Savings Bank brought action to foreclose a mortgage on these premises given by plaintiffs to secure payment of a promissory note for $900, which at that date was past due, and amounted, with interest, to $973.40. This mortgage which was executed by plaintiffs as owners of the premises, they being also the signers of the note, was subject to a prior mortgage
It seems unfortunate that these plaintiffs should have lost their rights in property apparently of some substantial value on account of failure to pay an insignificant amount of indebtedness with a small sum of costs and attorney’s fees.
The decree of the trial court was right, and it is affirmed.