Fleming v. Hager
Supreme Court of Iowa
Appeal from Adair District Oourt. — Hon. J. D. Gamble, Judge. Action in equity to set aside a default decree. There was a demurrer to the petition, which was sustained. The facts appearing from the petition are that on and prior to December 7, 1886, Hannah Fleming was the owner of the ■■south half of the southwest quarter of section 38, township 76, range 30, Adair county.
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Appeal from Adair District Oourt. — Hon. J. D. Gamble, Judge. Action in equity to set aside a default decree. There was a demurrer to the petition, which was sustained. The facts appearing from the petition are that on and prior to December 7, 1886, Hannah Fleming was the owner of the ■■south half of the southwest quarter of section 38, township 76, range 30, Adair county. On the date mentioned she executed and delivered to the Sullivan Savings Institution, of New Hampshire, a mortgage on said lands to secure the payment of one note for $1,000, due in five years, with interest at eight per…
1Opinion of the Court
Bishop, O. J.
*209i. original scription of mortgage. *208Appellants have, assigned errors predicated upon the ruling on the demurrer. In argument it Is their sole contention that the decree rendered must be held.void, and should be set aside, for that there was no notice of the action as by law required. The criticism of the notice published as alleged is' addressed to thé fact that the page of the record is given as 58, instead of 458, and in the description of the lands the range is given as 36, instead of 80. It is conceded that range 36 of townships does not extend through Adair county, but…
2Cases cited5 opinions
- Jordan v. WoodinSupreme Court of Iowa · 1895
- Fanning v. KrapflSupreme Court of Iowa · 1883
- Lindsey v. DelanoSupreme Court of Iowa · 1889
- Harkins v. Edwards & TurnerSupreme Court of Iowa · 1855
- Van Sickles v. TownSupreme Court of Iowa · 1880
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- Goodrich v. WheelerSupreme Court of Iowa · 1909