FYE v. COX

No. 60199.

263 N.W.2d 725 (1978)

Delbert Ayers FYE, Jr., and Carolyn K. Fye, Appellees, v. Samuel R. COX and Thelma I. Cox, Appellants.

Supreme Court of Iowa.

March 22, 1978.


Attorney(s) appearing for the Case

Garold F. Heslinga, of Heslinga & Heslinga, Oskaloosa, for appellants.

Stephen C. Gerard, of Baumert & Gerard, Sigourney, for appellees.

Considered by MOORE, C. J., and REES, UHLENHOPP, HARRIS and McCORMICK, JJ.


McCORMICK, Justice.

The question in this appeal from a decree of specific performance is whether a contract sale of real estate "subject to" a real estate mortgage obligates the purchaser to reimburse the seller for mortgage payments made during the life of the contract before the seller is required to convey marketable title. The trial court held that a sale subject to a mortgage does not impose such an obligation on the purchaser. As a result defendants Samuel R...

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