Judd v. Mosely
Supreme Court of Iowa
Appeal from Poweshiek District Court. The plaintiff, in his original and amended petition, avers that, on the 29th of September, 1860, one John E. Beatty purchased by contract, not in writing, of one Erastus Douglass, certain real estate, describing it, and then paid the consideration in full, and thereby became the owner thereof; that Douglass then agreed to convey said land by deed to said Beatty, but neglected to do so until about the 16th day of September, 1861, at which…
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Appeal from Poweshiek District Court. The plaintiff, in his original and amended petition, avers that, on the 29th of September, 1860, one John E. Beatty purchased by contract, not in writing, of one Erastus Douglass, certain real estate, describing it, and then paid the consideration in full, and thereby became the owner thereof; that Douglass then agreed to convey said land by deed to said Beatty, but neglected to do so until about the 16th day of September, 1861, at which time a deed was executed and delivered; that about the 1st day of October, 1860, one Frederick Mosely purchased the…
1Opinion of the CourtMiller, J.
i. jubisdionotice f noni'u nors. I. The first question raised by tbe demurrer is as to tbe jurisdiction of tbe district court over tbe persons of tbe minor defendants. Tbis is one of tbe actions in wbicb tbe service of notice may be made by publication, as was done in tbis case. Rev., § 2831, sub. 4.
The district court has jurisdiction in actions against minors tbe same as adult defendants, but where a minor is sued his defense must be made by bis regularly appointed guardian, if be has one, and if not, by a guardian appointed by tbe court. Rev., § 2778. . Before any judgment can be rendered…
2Cases cited1 opinion
- Bryant v. HendricksSupreme Court of Iowa · 1857
3Cited by8 opinions
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- McDowell v. McDowellSupreme Court of Iowa · 1909
- Newport Water Works v. SissonSupreme Court of Rhode Island · 1893
- McElroy v. AllfreeSupreme Court of Iowa · 1906
- Clark v. RobinsonSupreme Court of Iowa · 1928
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