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Carson v. Underwood

Carson v. Underwood, 12 Iowa 52 (1861)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
June 8, 1861
Judges
Lowe
Citations
12 Iowa 52
Summary
Appeal from Henry District Court. The facts are stated in the opinion of the court delivered by: —

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lowe

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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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