9 Iowa 388 | Iowa | 1859
This was a petition in chancery, to cause the respondent to perform his obligation under a title bond given to him by the complainant, by making payment thereon, as provided, or that his interest in the land be foreclosed, and the land be sold for the payment. In substance, it was like a petition to foreclose a mortgage, only it is brought by the obligor against the obligee, to cause him to perform, or to be foreclosed.
In addition to the views and reasons in the case above named, it may be remarked that it is not consistent with the mode of proceeding at law that many things should be done which are usual in equity, and are oftentimes essential. The making prior, or subsequent incumbrancers parties, is often necessary, as is the making other interests, and under the powers and proceedings of courts of law, no method exists in which this can be done; or at least, none in which it can be to the same extent and effect; and the same may be said in respect to the power to modify, mould and arrange the interests of different, and perhaps conflicting persons. This whole class of powers, existing in a court of equity, is often necessary to be called into exercise in cases of this nature; and a court of law is not adapted to this duty. No difficulty would be experienced in a direct case, between mortgagor and mortgagee, but it would be felt when other parties and other interests become connected with it. Thus in Hodgden v. Stanton,
The decree of the eourt, in sustaining the demurrer to the petition, is reversed and the cause remanded.
. In the case of Hodgden v. Stanton, the judgment below was reversed. The opinion by WooDWAitD, J., follows Kramer v. Rebman, ante, as to the jurisdiction of courts of chancery in the foreclosure of. mortgages. As it is-cumulative only, it is not reported at leng.th..