Brett v. Myers
Supreme Court of Iowa
Appeal from Butler Circuit Court. The defendant, by motion in the circuit court, sought the discharge and cancellation of a decree and judgment rendered in this case, which is an action for foreclosure of a mortgage. The motion was overruled. Defendant appeals.
1Opinion of the CourtBeck, J.
I. The motion is based upon an agreement and settlement, entered into by the parties before the decree, which defendant insists he performed, — claiming that the decree and judgment should be declared satisfied and be canceled. Counsel for defendant insists that Code, § 2867, confers authority upon the court to entertain the motion. It cannot be claimed that, in the absence of statutory authority, the court has jurisdiction by motion to cancel a judgment. The section cited is clearly not applicable to this case, for it confers authority to discharge a judgment only for matters arising after…
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