Hays v. Horine
Supreme Court of Iowa
Appeal from Jasper District Court. A statement of the facts is presented in the opinion of the court: — The steps taken by the appellant did not in any manner relinquish the vendor’s lien.
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Appeal from Jasper District Court. A statement of the facts is presented in the opinion of the court: — The steps taken by the appellant did not in any manner relinquish the vendor’s lien. Dyer v. Martin, et al, 4 Beam. 151; McArthur v. Porter, 1 Ohio 99; Foteaux v. Lepage, efal., 6 Iowa 123; Voor-hies Co. v, JSubank, JSxeeutor, lb. 274. 1. The county court had jurisdiction of the person and the subject matter, and however irregular its judgment may have been, it is voidable only, and not void. Thompson v. Tolmie, 2 Pet. 157; Mliotl v. Pearsol, 1 lb. 240. As to what is jurisdiction, see…
1Opinion of the CourtWright, J.
Petition asking a vendor’s lien. Defendant answers, that the notes referred to were made by the intestate, Bailey; that since his death Horine had been appointed his administrator, that the notes had been presented to, and allowed by, the administrator, which allowance was approved by the county court and judgment rendered thereon in favor of the plaintiff; and that a large sum of money had been paid thereon, whereby the lien of the plaintiff, as a vendor, was waived .To this part of the answer there was a demurrer which was overruled.
The demurrer should have been 'sustained. The action of…
2Cases cited2 opinions
- Foteaux v. LepageSupreme Court of Iowa · 1858
- McArthur v. PorterOhio Supreme Court · 1823
3Cited by2 opinions
- Larson v. MetcalfSupreme Court of Iowa · 1926
- Smith, Murphy & Co. v. ShawhanSupreme Court of Iowa · 1873