Mohns v. Kasperbauer
| Decision Date | 17 December 1935 |
| Docket Number | 43053. |
| Citation | 263 N.W. 833,220 Iowa 1168 |
| Parties | MOHNS v. KASPERBAUER et al. |
| Court | Iowa Supreme Court |
Appeal from District Court, Crawford County; P. J. Klinker, Judge.
An application for the extension of the period of redemption. From an order of the court granting the same this appeal is taken.
Reversed.
Douglas Rogers, of Manning, for appellant.
Andrew Bell, of Denison, for appellees.
On the 31st of October, 1933, a judgment was entered and a mortgage foreclosed on the land in question. Execution was issued and sale was had on the 6th day of December, 1933, and therefore the period of redemption would expire on the 6th day of December, 1934. On the 16th day of October, 1934, the defendants filed a written application with the district court where the judgment was entered, asking for an extension of the period of redemption as provided for in chapter 179 of the Acts of the 45th Gen. Assem. No notice was served of the filing of said application, and nothing was done thereunder and on the 21st day of February, 1935, the defendants filed another application for the extension of the period of redemption under chapter 110 of the Acts of the 46th Gen. Assem. On March 16, 1935, the matter of this application was brought on for trial, and it was agreed that the resistance filed by plaintiff " is to apply not only to the first application filed but to the one filed recently under the new law." After hearing same, the court granted the extension of time until March 1, 1937. Hence this appeal.
The first section of chapter 179 of the Acts of the 45th General Assembly reads as follows: " In any action, for a real estate foreclosure of a mortgage or a deed of trust, which has been commenced in any of the courts, and in which a decree has been or may hereafter be entered, but the redemption period, as now provided, has not expired, upon application of the owner or owners of such real estate, the court shall, unless upon hearing upon said application good cause is shown to the contrary, order that no sheriff's deed shall be issued until March 1, 1935, and in the meantime the [that] such owner or owners may redeem such property, and are entitled to possession thereof."
It will be noticed that under this section of the moratorium statute the court cannot enter the order therein provided except upon hearing, and this necessarily carries with it the idea that the opposing party is entitled to a notice of such...
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