59 Iowa 424 | Iowa | 1882
In 1875, H. B. Keefer, I. K. Casey and the plaintiff, executed a note to the school fund; Keefer was the principal debtor, and Casey and the plaintiff his sureties. Keefer and wife executed a mortgage on certain real estate to secure the payment of the note. Afterwards, Keefer gave a mortgage on the same premises to Dunlap & Upham. This mortgage was first foreclosed but no persons were made parties to the .proceeding but Keefer and wife. This decree stated the school fund mortgage ivas the prior lien. The mortgaged premises were sold under the Dunlap and Upham decree in February 1877, and the sheriff had conveyed the premises to the purchasers prior to the time the plaintiff made an attempt to redeem as hereafter stated. The school fund mortgage was duly foreclosed. Keefer, Dunlap & Upham, Casey and the plaintiff were made defendants, but no notice was served on Keefer; nor did he appear to the action. The decree of foreclosure recited the proceedings under the Dunlap & Upham mortgage and stated they were the owners of the mortgaged premises. It also provided a special execution should issue for the sale thereof, and if the judgment was not thereby, satisfied a general execution should issue against Casey and plaintiff. The equity of redemption of Dunlap & Upham was cut off by the decree. The premises were sold under the special execution and purchased by the defendant, Ayres. The right of Keefer to redeem from such sale expired December 20th 1879. Five days before that time the plaintiff paid to the clerk the proper amount of money to redeem from said sale, and tbe question to be determined is whether he had such light. Such question was presented in the court below by demurrer to the answer.
Aeeirmed.