Wright v. Mahaffey
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. Cnarles H. Phelps, Judge. This is an action in equity to subject certain personal and real property, the title to which was vested in defendant Hawthorn by certain conveyances from his co-defendant Mahaffey, to the satisfaction of two judgments recovered by the plaintiffs against said Mahaffey.
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Appeal from Des Moines District Court. — Hon. Cnarles H. Phelps, Judge. This is an action in equity to subject certain personal and real property, the title to which was vested in defendant Hawthorn by certain conveyances from his co-defendant Mahaffey, to the satisfaction of two judgments recovered by the plaintiffs against said Mahaffey. One of the grounds upon which relief is demanded is that the conveyances were executed and received for the fraudulent purpose of covering the property from the creditors of the grantor. Another is that they were intended as mortgages to secure an…
1Opinion of the CourtReed, J.
1. appeal : parties*0 00" jurisdiction. — I. Appellees filed a motion to dismiss the appeal on the ground that the notice of appeal had not been served on defendant Mahaffey. After the filing of the motion appellant cailseq the notice of appeal to be published in a newspaper published in Des Moines county, and filed the proof of the publication in the office of the clerk of this court. We have no occasion to consider the question whether this service is sufficient to give this court jurisdiction of Mahaffey. The requirement bf the statute (Code, sec. 3174), that where an appeal is taken by “a…
2Cases cited3 opinions
- Boyle v. MaroneySupreme Court of Iowa · 1887
- Moore v. HeldSupreme Court of Iowa · 1887
- Semple v. LeeSupreme Court of Iowa · 1862
3Cited by13 opinions
- Dickens v. HestonIdaho Supreme Court · 1933
- Clayton v. SievertsenSupreme Court of Iowa · 1901
- Wyoming Hereford Ranch v. Hammond Packing Co.Wyoming Supreme Court · 1924
- Baxter, Reed & Co. v. MyersSupreme Court of Iowa · 1892
- Ober v. SeegmillerSupreme Court of Iowa · 1916
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