Carson v. Underwood

Supreme Court of Iowa

Carson v. Underwood

12 Iowa 52

DecidedJune 8, 1861

StatusPublished

This text of 12 Iowa 52 (Carson v. Underwood) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carson v. Underwood, 12 Iowa 52 (iowa 1861).

Pincite

Opinion

Lowe, C. J.

The judgment entry in this case includes and forecloses the .equity of redemption to lots 5 and 6 in block 21, and the north half of lot 2 in block 19, in the city of Mount Pleasant, which are not set forth and discribed in plaintiff’s petition, although they do constitute a part of the mortgaged premises. The judgment entry is also in excess of plaintiff’s demand, and is against E. A. Underwood, the wife of defendant, who is not made a party in the plaintiff’s petition. For these reasons the judgment is reversed and the cause remanded.

Reversed.

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Lowe, C. J.

The judgment entry in this case includes and forecloses the .equity of redemption to lots 5 and 6 in block 21, and the north half of lot 2 in block 19, in the city of Mount Pleasant, which are not set forth and discribed in plaintiff’s petition, although they do constitute a part of the mortgaged premises. The judgment entry is also in excess of plaintiff’s demand, and is against E. A. Underwood, the wife of defendant, who is not made a party in the plaintiff’s petition. For these reasons the judgment is reversed and the cause remanded.

Reversed.

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Bluebook (online)

12 Iowa 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carson-v-underwood-iowa-1861.