Gardner v. Jaques
Supreme Court of Iowa
Appeal from Wapello Circuit Court. Action to recover certain land situated in Wapello county. The plaintiffs claim title to the property under a decree had in the United States District Court, in a cause wherein Wilson and Hall were plaintiffs, and Harriet Harrow and others, widow and heirs of Francis M. Harrow, then deceased, were defendants.
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Appeal from Wapello Circuit Court. Action to recover certain land situated in Wapello county. The plaintiffs claim title to the property under a decree had in the United States District Court, in a cause wherein Wilson and Hall were plaintiffs, and Harriet Harrow and others, widow and heirs of Francis M. Harrow, then deceased, were defendants. The defendants in this action claim title under a conveyance executed by Francis M. Harrow, prior to the proceedings and decree in the United States Court. Neither the purchaser from him nor any one claiming title under this conveyance was made a party…
1Opinion of the CourtBeck, J.
It will be observed that the deed to the Majors, under- whom defendants claim, was executed after the sale of the land by the sheriff upon the judgment against Charles F. Harrow, and prior to the commencement of the proceedings in the United States District Court, wherein it was adjudged the title of Francis M. Harrow was fraudulent, and that he held the land as trustee for Charles F. Harrow. To this suit the Majors were not made parties. The questions presented for our determination are these:
1. Were the Majors bound by the decree subjecting the lands to the judgment against Charles F.…
2Cases cited1 opinion
- Hultz v. ZollarsSupreme Court of Iowa · 1874
3Cited by2 opinions
- Woodward v. JacksonSupreme Court of Iowa · 1892
- Remer v. McKayU.S. Circuit Court for the Northern District of Illnois · 1889