Southard v. Perry
Supreme Court of Iowa
Appeal from, Monroe District Court; Service:' foreclosure: form of execution: ratification of sheriff’s salé, &o.’ — The first suit above entitled tvas commenced October, 1865, under the fourth clause of section 3499 of the Revision, to set aside, on the ground of fraud, a decree' of foreclosure obtained by defendants against the plaintiff, at the May Term, 1864, of the Monroe District Court. . The fraud relied upon is this: That service: ofnotice, was made by defendants’…
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Appeal from, Monroe District Court; Service:' foreclosure: form of execution: ratification of sheriff’s salé, &o.’ — The first suit above entitled tvas commenced October, 1865, under the fourth clause of section 3499 of the Revision, to set aside, on the ground of fraud, a decree' of foreclosure obtained by defendants against the plaintiff, at the May Term, 1864, of the Monroe District Court. . The fraud relied upon is this: That service: ofnotice, was made by defendants’ direction upon plaintiff’s (Soüthafd-’s) wife, • and upon the plomvtiff by copy,1 of notice left with plaintiff’s wife, in…
1Opinion of the CourtDillon, J.
i. bstoppes: fomnosure I. As to the suit to set cmcte tne decree. Respecting both eases, it may be remarked that they chiefly turn upon the evidence, which is quite lengthy. "Where this is the case, we have adopted the -practice, unless the cause is peculiar or unusually important, to state our conclusions of fact upon the testimony, without in cumbering the reports with a lengthy review and discussion of it. Upon a careful consideration of the record, it is our opinion:
1. That the plaintiffs have failed to show that the defendants, in making service upon the husband by copy of the original…
2Cases cited1 opinion
- Treiber v. ShaferSupreme Court of Iowa · 1864
3Cited by5 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1894
- Test v. LarshIndiana Supreme Court · 1881
- State v. KingSupreme Court of Iowa · 1873
- Humpfner v. D. M. Osborne & Co.South Dakota Supreme Court · 1891
- Huffman v. GainesSupreme Court of Arkansas · 1886