Harrison v. Kramer
Supreme Court of Iowa
Appeal from the Jones District Court. Bill in chancery to set aside and have declared fraudulent two deeds of certain real estate. As shown by the bill, the complainant in September, 1851, obtained a judgment in the Jones District Court, against the respondent, Adam Kramer, for some fourteen hundred and sixty dollars.
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Appeal from the Jones District Court. Bill in chancery to set aside and have declared fraudulent two deeds of certain real estate. As shown by the bill, the complainant in September, 1851, obtained a judgment in the Jones District Court, against the respondent, Adam Kramer, for some fourteen hundred and sixty dollars. On this judgment an execution issued, and by virtue of it, the interest of the said Kramer, in the land in controversy, was sold to complainant for the amount of said judgment, interest and costs, on the fourteenth of February, 1852, and on the 10th of November, 1854, he…
1Opinion of the CourtWright, C. J.
To reverse this decree, appellants rely upon two -grounds. The first is, that the court below erred in striking their answers from the files, and refusing to set aside the default. In the second place, it is urged, that complainant’s bill, though unanswered, did not authorize or justify the decree rendered.
To sustain the first position, we are referred to section 1827 of the Code, which provides that a default may be set aside on such terms as the court may deem just, but not unless an affidavit of merits be filed, and a reasonable excuse be shown for having made such default. In this case,…
2Cases cited3 opinions
- Frakes v. BrownIndiana Supreme Court · 1830
- Pegg v. DavisIndiana Supreme Court · 1829
- Strother v. LovejoyCourt of Appeals of Kentucky · 1847
3Cited by38 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Wagner v. LawWashington Supreme Court · 1892
- Stock-Growers' Bank v. NewtonSupreme Court of Colorado · 1889
- Johnson v. CarterSupreme Court of Iowa · 1909
- Bridgman & Co. v. McKissickSupreme Court of Iowa · 1863
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