Hemenway v. Wood
Supreme Court of Iowa
Appeal from Sutler Circuit Court. Plaintiff brought an action of forcible entry and detainer before a justice of the peace to recover possession of eighty acres of land, claiming to have acquired title thereto by virtue of a sheriff’s sale and deed, under a decree of the Circuit Court of Black Hawk county, in an action against defendant at the suit of Mary A. Wood, wherein a decree was entered against defendant, which was made a special lien upon the lands sold thereon to…
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Appeal from Sutler Circuit Court. Plaintiff brought an action of forcible entry and detainer before a justice of the peace to recover possession of eighty acres of land, claiming to have acquired title thereto by virtue of a sheriff’s sale and deed, under a decree of the Circuit Court of Black Hawk county, in an action against defendant at the suit of Mary A. Wood, wherein a decree was entered against defendant, which was made a special lien upon the lands sold thereon to plaintiff. The defendant answered the petition of plaintiff, disclaiming title and claim to forty acres of theland, and…
1Opinion of the Court
Beck, Cu. J.
1. Res adjucata defense failure to plead. I. No objection was made in any stage of the proceeding by defendant to the transfer of the canse from the justice to the Circuit Court, and no question based upon this action is presented to this court, -yye are no£ required to determine whether it is authorized by law. We will decide the case upon the questions presented by the record before us.
II. The court below found the following facts: The defendant brought a suit against his wife Mary E. Woods for a divorce on the ground of adultery. The wife instituted an action against the…
2Cited by7 opinions
- Davis Ex Rel. Grant v. DavisSupreme Court of Iowa · 1954
- Luedecke v. LuedeckeSupreme Court of Iowa · 1923
- Blake v. Ohio River RailroadWest Virginia Supreme Court · 1900
- Francksen v. MillerSupreme Court of Iowa · 1980
- Williamson v. WilliamsonSupreme Court of Iowa · 1919
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