52 Iowa 432 | Iowa | 1879
The plaintiff is not entitled to redeem upon equitable considerations. The case is not within the rule of Jones v. Hartsock, 42 Iowa, 147, where it is held that the right of the holder of a junior mechanic’s lien cannot be prejudiced by a foreclosure to which lie was not a party, but that he could afterwards maintain a suit in equity to redeem. Ip the case at bar the plaintiff was made a party defendan t to the foreclosure of defendant’s mortgage: He should then have asserted his right to a lien, or in his subsequent action against Eldridge
It follows that the decree must be reversed upon defendant’s appeaL
Reversed.