Miller v. Minneapolis & St. Louis Railroad
Supreme Court of Iowa
Appeal from Webster District Oourt. — Hon. S. M. Weaver, Judge. Suit in equity to quit title to certain real estate occupied by defendant for railway purposes. The land was originally condemned by the Ft. Dodge & Ft. Eidgly Eailroad Company, and by it sold to defendant. Sometime before this suit was instituted, defendant procured a decree to be entered in the district court of Webster county, in an action against plaintiff and others, quieting title to the land in dispute.
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Appeal from Webster District Oourt. — Hon. S. M. Weaver, Judge. Suit in equity to quit title to certain real estate occupied by defendant for railway purposes. The land was originally condemned by the Ft. Dodge & Ft. Eidgly Eailroad Company, and by it sold to defendant. Sometime before this suit was instituted, defendant procured a decree to be entered in the district court of Webster county, in an action against plaintiff and others, quieting title to the land in dispute. Plaintiff says that this decree is void because no notice of the action was ever served upon her. On these issues the…
1Opinion of the CourtDeemer, J.
As defendant relies solely on its decree obtained in the Webster county district court, the decision must turn on the effect to be given that decree. This is not a direct, but a collateral attack, upon that decision; and defendant contends that as tbe decree reeites that the court rendering it had examined the original notice, and found that plaintiff herein, Helena Miller, had been duly served personally with an original notice, it is not permissible for plaintiff to show that in faet no notice was served upon her. Appellant also contends that, even conceding such evidence was admissible,…
2Cases cited11 opinions
- Hoitt v. SkinnerSupreme Court of Iowa · 1896
- Lees v. WetmoreSupreme Court of Iowa · 1882
- Bacon v. ChaseSupreme Court of Iowa · 1891
- Hubner v. ReickhoffSupreme Court of Iowa · 1897
- Wyland v. FrostSupreme Court of Iowa · 1888
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3Cited by3 opinions
- McWilliams v. RobertsonSupreme Court of Iowa · 1917
- Thompson Bros. v. PhillipsSupreme Court of Iowa · 1924
- Iowa Loan Co. v. O'ConnellSupreme Court of Iowa · 1908