108 Iowa 601 | Iowa | 1899
The property in dispute consists of lots •6, Y, and 8 in block 8 in Cameron’s Second addition to Cedar Falls. Both parties claim title through one Jeremiah Mosher. On May 1Y, 1869, Mosher executed a mortgage on the property to the Charter Oak Life Insurance Company. In an action in which Annie Stamp, the present defendant (then Annie Kaynor), was a defendant, this mortgage was foreclosed; and at a sale under such decree the property was bid in by the insurance company named, and in due time a deed was executed to it therefor. Plaintiff claims title through a deed from the receiver of said company. Defendant’s title comes in this wise: Mosher, by warranty deed, •conveyed to one Leddington,.subject to the mortgage men
IY. Tbe objections made by appellee to tbe record are without merit. As appellee was doubtless misled by tbe language used in Henderson v. Robinson, and thereby induced to rely upon the receiver’s deed speaking for. itself, we shall remand the case, that she may have an opportunity to offer evidence in its support in tbe court below.—
REVERSED.