Prince v. Griffin
Supreme Court of Iowa
Appeal from Dubuque District Court. . Action to recover possession of real property. Both parties claim in fee. Upon the trial, plaintiff showed title in one A. McDaniel, and then offered in evidence the record of a foreclosure suit, in which one Fred.
Read the full summary
Appeal from Dubuque District Court. . Action to recover possession of real property. Both parties claim in fee. Upon the trial, plaintiff showed title in one A. McDaniel, and then offered in evidence the record of a foreclosure suit, in which one Fred. W. Prince was plaintiff, and L. W. Jackson, the said A. McDaniel et al, were defendants, in which suit a mortgage was foreclosed upon the property in dispute. . Defendant objected to the introduction of this evidence on the ground that the court which rendered the decree in foreclosure had no jurisdiction of the persons of the defendants. The…
1Opinion of the Court
Dillon, J. —
The court below ruled that the judgment or decree in the foreclosure suit of F. W. Prince, against Jaclcson, McDaniel et al, was wholly void, and, of course, as being incapable of sustaining a title professing to be derived thereunder. If that decree was void, the -rejection of the testimony was right, otherwise, wrong.
It is claimed by the defendants’ counsel to be void, because the court which rendered it had no jurisdiction of the person of the said McDaniel. In the foreclosure suit an original notice was issued, and, it appears, indorsed thus: “ Service of the within notice…
2Cases cited4 opinions
- Bonsall v. IsettSupreme Court of Iowa · 1862
- Tunis v. WithrowSupreme Court of Iowa · 1860
- Hefferman v. BurtSupreme Court of Iowa · 1858
- McGahen v. CarrSupreme Court of Iowa · 1858
3Cited by10 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Superior/Ideal v. OSKALOOSA BD. OF REV.Supreme Court of Iowa · 1988
- Huxley v. HarroldSupreme Court of Missouri · 1876
5 more not listed; retrieve them via the Exa API.