Hedrick v. Smith & Reed
Supreme Court of Iowa
Appeal from, Wapello District Court. — Hon. C. W. Vermilion, Judge. In October, 1905, the plaintiff filed her petition in equity asking that a judgment for $372 and a decree in connection therewith making such judgment a lien upon certain lots, rendered in favor of the defendants in this action and against the plaintiff, which were entered upon default in June, 1904, be set aside and a new trial granted on account of fraud in obtaining such judgment' and unavoidable casualty…
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Appeal from, Wapello District Court. — Hon. C. W. Vermilion, Judge. In October, 1905, the plaintiff filed her petition in equity asking that a judgment for $372 and a decree in connection therewith making such judgment a lien upon certain lots, rendered in favor of the defendants in this action and against the plaintiff, which were entered upon default in June, 1904, be set aside and a new trial granted on account of fraud in obtaining such judgment' and unavoidable casualty and misfortune preventing this plaintiff from defending therein. The allegations of the petition as to fraud, casualty…
1Opinion of the CourtMcClain, J.
The judgment which plaintiff seeks to have set aside was in an action in which these defendants, claiming as owners of certificates of purchase at tax sale of three lots for delinquent street improvement assessments, asked to have judgment against the defendant (this plaintiff) as the owner of said lots, and to have such judgment decreed to be a lien thereon. No appearance being made for the defendant in that action, judgment was rendered as prayed. This plaintiff now alleges that she was not the owner of the *627lots at the time the special assessments became a lien thereon, and therefore was…
2Cases cited17 opinions
- Graves v. GravesSupreme Court of Iowa · 1906
- City of Burlington v. QuickSupreme Court of Iowa · 1877
- Lumpkin v. SnookSupreme Court of Iowa · 1884
- Peterson v. KochSupreme Court of Iowa · 1899
- Ruppin v. McLachlanSupreme Court of Iowa · 1904
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Shaw v. AddisonSupreme Court of Iowa · 1945
- Jacobson v. LeapSupreme Court of Iowa · 1958
- Swartzendruber v. PolkeSupreme Court of Iowa · 1928
- Lambert v. KempthorneSupreme Court of Iowa · 1920
- Metzger v. TurnerSupreme Court of Oklahoma · 1945
5 more not listed; retrieve them via the Exa API.