Hale v. First National Bank
Supreme Court of Iowa
Appeal from Washington 'District Cowrt. Action in equity to set aside.a judgment recovered in the said court by A. T. Salter on the foreclosure of a mortgage executed by the plaintiff, and to have 'the mortgage and the indebtedness secured thereby declared satisfied. The bank, claiming to have obtained all the rights of Salter, insisted upon the validity of the judgment as one inrem, and, conceding it was not personal, claimed the right to have it made so.
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Appeal from Washington 'District Cowrt. Action in equity to set aside.a judgment recovered in the said court by A. T. Salter on the foreclosure of a mortgage executed by the plaintiff, and to have 'the mortgage and the indebtedness secured thereby declared satisfied. The bank, claiming to have obtained all the rights of Salter, insisted upon the validity of the judgment as one inrem, and, conceding it was not personal, claimed the right to have it made so. George H. Hale was, by proper pleading on the part of the bank, made a defendant, and certain relief was asked against him. The relief…
1Opinion of the CourtSeevers, J.
i jwB.aM3sitT: n°tice. I. The ground upon which it is sought to set. aside the..judgment is that notice of the pendency of the a&ti°.n was not served on or given the defendant tlaereiii and plaintiff in this.
The averments in the petition in relation to the,. service of notice are as follows:
“2. That there was no personal service of notice in said action, and no appearance of petitioner thereto, as shown by the records in said action, the same referred to above.
“3. That November 15, 1872, on the back of an original notice in said cause an affidavit was made in words and figures following:
“…
2Cases cited3 opinions
- McDonald v. City of Red WingSupreme Court of Minnesota · 1868
- Nash v. ChurchWisconsin Supreme Court · 1860
- Woodbury v. MaguireSupreme Court of Iowa · 1876
3Cited by2 opinions
- Kent v. CoquillardSupreme Court of Iowa · 1885
- Wright v. SnellOhio Circuit Courts · 1901