105 Iowa 615 | Iowa | 1898
— In 1874, F. A. Drake recovered a judgment against George W. Fulliam for the sum of eight hundred dollars. Fulliam died in the year 1893, leaving’ eight children as his only heirs. Four of these children .are the appellants, in this action. M. B. Drake became the owner of the judgment by assignment, and after the death of Fulliam she commenced proceedings, under section 3092 of the Code of 1873, asking the court to ■award her execution .against certain real estate which she claimed belongedto George W. Fulliam, at the time of his death. She made all the heirs parties to this proceeding, but it is. now claimed that but two of them, to-wit, J. D. Fulliam and E. B. Fulliam, in addition to J. D. Fulliam as administrator of the estate, were served with notice or appeared to the proceedings. In that ■•action the court, after hearing the evidence adduced upon the issues as tendered, awarded the execution as prayed. The defendants, therein appealed to this, court, where the order was affirmed. See Drake v. Fulliam, 98 Iowa, 339. After the affirmance', execution issued and was levied upon the real estate described in the order, .and this action was brought to restrain further ■action upon the execution, and to set aside the order awarding the execution, upon the ground that, the court
Appellants insist that the court had no jurisdiction to make the award — First, because but two of the eight ■heirs were served with notice of the proceeding; second, because the judgment was not a lien upon the real estate -against which execution was awarded; and, third, because the record title to the real estate was not in George W. Fulliam at the time of his death.
The court which awarded the execution had jurisdiction of the subject-matter and of the only parties in interest who now claim- that there was -error in the proceedings, and to grant them the relief asked because of the matters now under consideration would be converting a court of equity into- a court for the correction of errors.