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12 Iowa 52

Carson v. Underwood

Supreme Court of Iowa

Decided June 8, 1861

Supreme Court of Iowa · decided 1861-06-08

<p> Appeal from Henry District Court. </p> <p>The facts are stated in the opinion of the court delivered by: —</p>

Decided 1861-06-08

Lowe, C. J.

¶1The 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.

¶2Reversed.

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