139 Iowa 609 | Iowa | 1908
The petition is in the usual form, and alleges absolute and unqualified ownership in the plaintiff of a large number of articles of "household furniture, pictures, books, and the like. The defense' interposed was a general denial and a plea that the defendant, Thomas Cole, and plaintiff, were married March 17, 1881, and had lived together as husband and wife until shortly prior to February 4, 1907, when she left him, and on that day brought a suit for divorce, in which a decree was entered April 10, 1907, wherein all the property rights of the parties . were fully adjudicated, including the right to the property in controversy. This answer was assailed by motion on several grounds, none of which involved the sufficiency of the plea in bar or the merits of the action.