85 Iowa 489 | Iowa | 1892
In September, 1882, the plaintiff was the owner of a certain tract' of land under a contract of purchase, on which a payment, had been made. He and his wife assigned the contract to the defendant, John McGregor, who thereafter paid the balance due upon the contract, and took a deed to the land in his own name. The plaintiff also owned one hundred and twenty acres of land adjoining the tract above mentioned. This one hundred and twenty acre tract was incumbered by mortgages to several parties. In 1884
I. The appellees contend that the appeal should be dismissed, as only a part of the decree is appealed from.
II. The question as to the effect of the contract and deed — whether the defendant under them took an absolute title, or simply held them as security — is not raised by this appeal.
III. We have carefully examined the accounting made by the district court, and find it fully justified by
This is an action to redeem, not under the statute, but based upon the fact that the transaction between the parties amounted in law to a mortgage of the real estate in controversy. 1 Jones on Mortgages, section 342. We know of no fixed rule in such cases for determining the amount which must be paid in redemption, further than that the one seeking to redeem must pay the obligation for which the instrument stands as security. But the facts in the case at bar are peculiar. .Ordinarily, the grantee in such a case does not enter into
III. There was no error in the action of the court below in allowing only six months to the plaintiff in