71 Iowa 476 | Iowa | 1887
It is averred in the petition that the plaintiff and James Sigerson were husband and wife, and' that the defendant L. L. Collins was the assignee of a mortgage upon the eighty acres of land in controversy. One forty of the land was the homestead of the plaintiff1 and her husband. The title to the land was in the husband, and the mortgage was a lien upon the whole tract. Collins also held -a judgment against James Sigerson, which was a lien upon
This action was commenced in October, 1885. The ground upon which it is claimed that the sale under the mortgage foreclosure should be set aside is, that each of the forty acre tracts was worth $1,000, and that, when the property was offered for sale, there was no one to bid upon it but L. L. Collins, and that he bid $100 for the forty other than the homestead, as a pretended compliance- with the statute, which requires that the real estate other than the homestead shall be first exhausted, and he bid the nominal sum of $100 so as to collect the mortgage lien from the homestead as far as possible, and thus have a large margin in value of the other forty acres from which to collect his judgment, which was not a lien upon the homestead. It is not charged that Collins practiced any fraud at the sales of the land, nor that he in any manner prevented others from being present and bidding at the sales. It is claimed, however, that the sale of the forty acres other than the homestead was for a grossly
We think the demurrer to the petition was correctly sustained.
Affirmed.