Garretson v. Hubbard
Supreme Court of Iowa
Appeal from Guthrie District Court. — Hon. J. H. Appeegate, Judge. Action in equity, under section 3154 of the Code of 1873, to vacate a judgment and decree rendered, on notice by publication and default of appearance, against W. H. Ballard, quieting the title to certain lands in defendant as against said Ballard, and for a new trial.
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Appeal from Guthrie District Court. — Hon. J. H. Appeegate, Judge. Action in equity, under section 3154 of the Code of 1873, to vacate a judgment and decree rendered, on notice by publication and default of appearance, against W. H. Ballard, quieting the title to certain lands in defendant as against said Ballard, and for a new trial. The grounds of this application are that said W. H. Ballard was a person of unsound mind when said judgment and decree were rendered, and that he has a good defense to the cause of action upon which the same was rendered, as shown by his petition herein. On…
1Opinion of the CourtGiven, J.
The judgment and decree sought; to be set aside are in all respects regular on. their face. Said section 3154 of the Code of 1873 provides that the district court in which a judgment has been rendered “shall have power after the term at which such judgment or order was made to vacate or modify such judgment or order: * * * (5) For erroneous proceedings, against a minor or person of unsound mind, when the' condition of such defendant does not appear in the record, nor the errors in the proceedings.” Appellant’s contention is that his ward was a person of unsound mind at the time the said…
2Cases cited1 opinion
- Emerick v. EmerickSupreme Court of Iowa · 1891
3Cited by14 opinions
- Stormon v. WeissNorth Dakota Supreme Court · 1954
- Speer v. SpeerSupreme Court of Iowa · 1909
- Stephenson v. StephensonSupreme Court of Iowa · 1956
- Olson v. OlsonSupreme Court of Iowa · 1951
- Morse v. SlocumSupreme Court of Iowa · 1922
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