Bowman v. Besley
Supreme Court of Iowa
Appeal from Superior Court of Council Bluffs. — Hon. E. E. Aylesworth, Judge. AotxoN in equity for the foreclosure of a real estate mortgage. The makers of the mortgage, -W. M. Owens and wife, were made parties defendant, and a default judgment was rendered against them. Personal judgment is asked against the defendant Besley, a subsequent purchaser of the property from Owens; it being alleged that in the deed to him he assumed and agreed to pay. the mortgage debt.
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Appeal from Superior Court of Council Bluffs. — Hon. E. E. Aylesworth, Judge. AotxoN in equity for the foreclosure of a real estate mortgage. The makers of the mortgage, -W. M. Owens and wife, were made parties defendant, and a default judgment was rendered against them. Personal judgment is asked against the defendant Besley, a subsequent purchaser of the property from Owens; it being alleged that in the deed to him he assumed and agreed to pay. the mortgage debt. Besley answered, denying that in fact he had assumed and agreed to pay the mortgage debt. He also filed a cross-bill in which it…
1Opinion of the CourtBishop, C. J.
Appellee makes the point that the court has no jurisdiction to determine this appeal, for that the record (loes not show that notice of appeal was 1. Notice of appeal: co-parties. served upon the defendants Owens and wife. Said defendants did- not appear or plead either to the petition of plaintiff, 'or to the cross-petition of defendant Besley. The action was tried upon the cross-petition and the answer of plaintiff thereto. The decree entered was in favor of Besley, and the effect thereof was a finding that he was entitled to reformation as against the defendants Owens, and accordingly that…
2Cases cited10 opinions
- Beeson v. GreenSupreme Court of Iowa · 1897
- Williams v. HamiltonSupreme Court of Iowa · 1898
- Clayton v. SievertsenSupreme Court of Iowa · 1901
- Wachendorf v. LancasterSupreme Court of Iowa · 1883
- Des Moines County Agricultural Society v. TubbessingSupreme Court of Iowa · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Turnis v. BallouSupreme Court of Iowa · 1925
- Sullivan v. SullivanSupreme Court of Iowa · 1908
- Kirkwood v. Perry Town Lot & Improvement Co.Supreme Court of Iowa · 1916
- Oliver v. PerrySupreme Court of Iowa · 1906
- Noble v. TrumpSupreme Court of Iowa · 1916
2 more not listed; retrieve them via the Exa API.