Brown v. McMahon
Supreme Court of Iowa
Appeal from Pottawattamie District Qourt. — Hon. H. E. Deemee, Judge. Action in chancery to set aside a judgment rendered in an attachment proceeding, and a sale and sheriff’s deed of real estate made under said judgment, on the ground that the court rendering the judgment had no jurisdiction of the person or the property of the defendant in attachment. A demurrer to the petition was sustained. Plaintiff appeals.
1Opinion of the CourtBeck, J.
— I. The abstracts before us show that defendants in the action are McMahon, who was plaintiff in the action by- attachment, and the purchasers and others holding title or claim under the sheriff’s deed made upon the sale under judgment. The abstract recites the only proceedings had in the case, ■ and the judgment, in the following language : “To the petition the defendants appeared, and pleaded a general demurrer, which demurrer was duly submitted to the court, and after argument was, on the twenty-seventh day of May, 1889, sustained, to which ruling' plaintiff at the time excepted ; and,…
2Cited by2 opinions
- Krause v. LloydSupreme Court of Iowa · 1897
- McKee v. Illinois Central Railway Co.Supreme Court of Iowa · 1903