Messenger v. Marsh
Supreme Court of Iowa
Appeal from the Lee District Court. In May, 1841, a decree’was made for the partition of the Half-Breed Tract, in Lee county, among the several claimants.
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Appeal from the Lee District Court. In May, 1841, a decree’was made for the partition of the Half-Breed Tract, in Lee county, among the several claimants. In August, 1845, Henry He Louis, and Elizabeth, his wife, and John "Wright, filed their bill of complaint in chancery, in the district court of Lee county, alleging that said decree was obtained, and procured to be rendered, by collusion and fraud, and asking that the said decree of partition be vacated and annulled, and to have the said Half-Breed tract re-partitioned among the rightful owners according to their respective shares. To this…
1Opinion of the CourtStockton, J.
— The above constitutes the history of this cause, as we have been enabled to gather it from the record. This record, it will at once be seen, is incomplete, as it contains no part of the proceedings in the cause from the April term, 1850, to the October term, 1856. The history, state, and condition of the cause, in the meantime, we are not informed of.
We see no sufficient reason for interfering with the discretion exercised by the district court, in setting aside the judgment by default. The statute provides that “judgments by default may not be set aside, unless an affidavit of merits be…
2Cited by8 opinions
- Burke v. DunlapSupreme Court of Iowa · 1919
- Casner v. San Diego Trust & Savings BankCalifornia Court of Appeal · 1939
- Rice v. GriffithSupreme Court of Iowa · 1859
- Brandt v. WilsonSupreme Court of Iowa · 1882
- Culbertson v. Salinger & BrighamSupreme Court of Iowa · 1903
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