127 Iowa 450 | Iowa | 1905
The original petition asked for the foreclosure" of a mortgage upon certain property owned by the defendants Jess. The city was made a party to the action because it claimed a lien upon the property in virtue of some special assessments levied against it. The petition charged that these assessments were junior and inferior to plaintiff’s mortgage, because of defects in the proceedings relating thereto, which rendered them void. In a supplemental petition plaintiffs averred that since the commencement of the action they had recovered judgment and a decree of foreclosure against defendants Jess, and that as to the city the action had been continued. They further averred that the property had been sold under the foreclosure decree, and that, the period of redemption having expired, plaintiffs had taken a deed to
With this last proposition we shall not concern ourselves; for it assumes, of course, that the special assessments were valid and were properly levied. Nor present purposes, it must be conceded — the demurrer confessing the point — that these special assessments are invalid, and the only inquiry now is, may this invalidity be set forth and taken advantage of in this form of procedure ?
We shall now consider the controlling points relied upon by the defendant city in support of the ruling of the triál court.
None of the grounds for the demurrer were good, and it should have been overruled. Thp order and judgment are therefore reversed.