Legal Opinion

Empire Real Estate & Mortgage Co. v. Beechley

Supreme Court of Iowa

Decided January 14, 1908PublishedCited by 9 opinions

Appeal from Linn District Court.— Hon. Wm. Gr. Thompson, Judge. Action in equity to quiet title to certain lots in the city of Cedar Rapids. Decree dismissing petition, and plaintiff appeals.

1Opinion of the CourtWeaver, J.

The material facts in the case are as follows: In November, 1899, the defendant Beechley brought an action in the district court' of Linn county, Iowa, against H. W. Kirby and B. D. Hicks to recover the amount of an alleged indebtedness of $36, and in aid of such action sued out a writ of attachment, which was levied upon the property now in controversy. The only service of the original notice in said proceeding was by publication, on a showing that said Kirby and Hicks were non-residents of the State, and the only proof of such service was by the affidavit of one Sherman that he was the…

2Cases cited7 opinions

  1. Williams v. AllisonSupreme Court of Iowa · 1871
  2. Smith v. ClarkSupreme Court of Iowa · 1897
  3. Wilson v. Traer & Co.Supreme Court of Iowa · 1866
  4. Fanning v. KrapflSupreme Court of Iowa · 1883
  5. Tunis v. WithrowSupreme Court of Iowa · 1860

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Hueston v. Preferred Accident InsuranceSupreme Court of Iowa · 1913
  2. Farmer v. Ames-Farmer Canning Co.Supreme Court of Iowa · 1920
  3. Tilton v. BaderSupreme Court of Iowa · 1917
  4. In Re Lamm's EstateSupreme Court of Iowa · 1954
  5. Manion v. BradySupreme Court of Iowa · 1912

4 more not listed; retrieve them via the Exa API.

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