Twing v. O'Meara
Supreme Court of Iowa
Appeal from, Scott District Court. The plaintiff filed a petition alleging “That he is the fee simple owner of the north half of lot 2, in block No. 5, McIntosh’s 2d addition to Davenport, and that, as he is informed and believes, the defendant, O’Meara makes a claim on said real estate adverse to said estate of your petitioner; that, theretofore, to-wit: on the 8th day of November, 1880, one Elizabeth II.
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Appeal from, Scott District Court. The plaintiff filed a petition alleging “That he is the fee simple owner of the north half of lot 2, in block No. 5, McIntosh’s 2d addition to Davenport, and that, as he is informed and believes, the defendant, O’Meara makes a claim on said real estate adverse to said estate of your petitioner; that, theretofore, to-wit: on the 8th day of November, 1880, one Elizabeth II. Twing made and delivered her warrantee deed to said premises to defendant, which was on the 15th day of November recorded in book 40, town lot records of said county; that all the right,…
1Opinion of the CourtDay, J.
The appellant insists that the judgment decreeing the property in question to Elizabeth Twing is void and may be collaterally attacked, because no statutory ground of attachment is stated, and because no attachment bond was executed. We are of the opinion, however, that the court would have been justified in decreeing the property to Elizabeth Twing as alimony if no attachment had been procured. There was no necessity whatever for the attachment, except to prevent the defendant in that action from aleinating his property before a decree could be obtained. The petition in this case concedes…
2Cases cited2 opinions
- Harshberger v. HarshbergerSupreme Court of Iowa · 1868
- Latterett v. CookSupreme Court of Iowa · 1855
3Cited by19 opinions
- Pennington v. Fourth National Bank of CincinnatiSupreme Court of the United States · 1917
- Bray v. LandergrenSupreme Court of Virginia · 1934
- Forrester v. ForresterSupreme Court of Georgia · 1923
- Hood v. HoodSupreme Court of Georgia · 1908
- Hopping v. HoppingSupreme Court of Iowa · 1943
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