Boker v. Chapline
Supreme Court of Iowa
Appeal from Polk District Court. In July, 1851, Thompson, of the firm of Chapline & Thompson, made what purported to be an absolute deed of certain real estate to the respondents, Jewett and others. On the 10th of September of the same year, complainants obtained a judgment in tbe Polk District Court, against said firm, and this remaining unsatisfied, they filed this bill to set aside the deed to Jewett and others, and to subject the property conveyed to their execution.
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Appeal from Polk District Court. In July, 1851, Thompson, of the firm of Chapline & Thompson, made what purported to be an absolute deed of certain real estate to the respondents, Jewett and others. On the 10th of September of the same year, complainants obtained a judgment in tbe Polk District Court, against said firm, and this remaining unsatisfied, they filed this bill to set aside the deed to Jewett and others, and to subject the property conveyed to their execution. Thompson controverts the complainant’s bill, upon the ground that the court rendering the judgment had no jurisdiction, and…
1Opinion of the CourtWeight, J.
The entry of judgment in the case of Boker et al. v. Chapline et al., (September 1851,) after giving the title of the case, is as follows : '
“ The plaintiffs by counsel, now come, and it appearing that the defendants have failed to answer the petition filed, according to law, the court after hearing and inspecting the evidence and all things touching the same do find that there is now due from the said defendants to the said plaintiffs the sum, &c.”
The return of service on the original notice, was as follows : —
“The within notice was handed to me on the 22d day of August, 1851. Served the…
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