Coon v. Jones
Supreme Court of Iowa
Appeal from Keokuk District Court. Bill to set aside a judgment rendered against tbe complainant in an action of which he had no sufficient notice ; and also to set aside a sale of certain real estate thereunder because it was the homestead of complainant. Defendant filed a demurrer to the bill, which was overruled, and he appeals.
1Opinion of the CourtStocktON, J.
The demurrer was properly overruled as to so much of the petition as prayed that the sale and conveyance by the sheriff might be declared void and of no effect.
The petitioners aver that they were not duly served with notice of the suit in which judgment was rendered under which the land was sold; and they pray to be relieved from the said judgment and to have the same declared, void.
The averment that they were not duly served with notice of the suit, is not sufficient of itself to warrant a court of equity in relieving a party against the judgment. There is no denial of the justice of the…
2Cited by8 opinions
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Masterson v. AshcomTexas Supreme Court · 1881
- Arnold v. HawleySupreme Court of Iowa · 1885
- Meyer v. WilsonIndiana Supreme Court · 1906
- Woodbury v. MaguireSupreme Court of Iowa · 1876
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