54 Iowa 19 | Iowa | 1880
The abstract fails to state that the defendant claimed the right to have these issues of fact determined before the rendition of the decree. As error must affirmatively appeal', it is a matter of some doubt whether such issues should not be regarded as waived or abandoned. But be this as it may, such issues must be regarded as having been adjudicated in the original action, and that such adjudication must be regarded as final and conclusive.
The object of the original action was, therefore: First, to obtain a foreclosure of the mortgage. Second, the ap
The decree, among other things, provided “that S. W. Goodhue * * be and he is hereby appointed * * rereiver * * with full power and authority to take charge of said premises and collect the rents and profits of said property, pay the taxes thereon, keep the buildings insured and make the necessary repairs thereon, and do and perform all other acts necessary to be done to protect said property and preserve the same from waste.”
This, without doubt, we think, is an adjudication that the plaintiff, as receiver, is entitled to the rents, and having been made in an action in which the defendant had the opportunity to be heard, and the court having jurisdiction of the subject matter, it cannot be again adjudicated in this proceeding, but must be regarded as conclusive on the rights of these parties.
It is alleged the personal judgment against the defendant is erroneous, but we think it was the only adequate relief that could be granted.
Affirmed.