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9 Iowa 126

Collier v. Collins

Supreme Court of Iowa

Decided June 24, 1859

Supreme Court of Iowa · decided 1859-06-24

Bill for a discovery, and to foreclose a mortgage. The petition states that Tbomas W. Hopkins, in bis life time, as the agent of the plaintiff, loaned to defendant Collins, the sum of $5240, of the money of the plaintiff, taking a note therefor, payable to said Hopkins in his own name; and that the defendants, Collins and wife, to secure the payment of the note, executed and delivered to Hopkins, a mortgage upon certain real estate, with a power of sale, in case of…

Decided 1859-06-24

StocktoN, J.

¶1There was no,misjoinder of parties or causes of action. The defendant Hopkins was made a party as administrator of Thomas W. Hopkins, in order that plaintiff, by ■ *128obtaining a discovery, might establish his right to the debt claimed to be his, and to the secui-ity given for its payment. This discovery having been obtained by the answer of Hopkins, the plaintiff’s right and title to the claim sued upon, as the real party in interest, was established, and he was entitled to the relief prayed for against the defendants, Collins and wife.

¶2The right of the plaintiff to resort to a court of chancery, to obtain a decree for the foreclosure of his mortgage, and for the sale of the mortgaged premises, has been heretofore determined by this court. Kramer v. Rebman, supra.

¶3Judgment reversed.

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