125 Iowa 555 | Iowa | 1904
The bearing of the questions of law brought before us on this appeal can be more clearly understood if the facts appearing in the record without substantial conflict are first set out. In January, 1901, action was brought in Hnion county against W. W. English, who is the plaintiff in this action, by Susan English, his divorced wife, to recover judgment on a promissory note. Neither the plaintiff nor the defendant in that action was a resident of Iowa, but the plaintiff asked-for an attachment against certain land alleged to be the property' of that defendant there situated, on the ground that he was a non-resident of the State, and served notice by publication. In April following, judgment
We have disposed of all the questions argued so far as it is necessary to do so in reaching the conclusion that the judgment of the court in the original action under the motion for a new trial defeated any title which defendant acquired under the sale made in pursuance of the authority of the original judgment, and that plaintiff is entitled to have his -title quieted against the claim of defendant, and the decree of the lower court is therefore affirmed.