69 Iowa 752 | Iowa | 1886
I. The petition shows that plaintiff, in 1875, recovered judgment against defendant, W. C. Henry, for $196.67, and $7.70 costs, whereon execution has been issued and returned unsatisfied; that, after tbe indebtedness for
Y. The holders of the mortgages executed to secure the money borrowed by tlie wife intervened in the cause in the court below. But no reference is made to their intervention in the decree. Nor do we find any evidence in the abstract in their behalf, and they made no appearance in this court. Their claims are not in a condition for adjudication upon this appeal. No explanation of the condition of the record as to these interventions is made. In view of these facts, their petition of intervention will be dismissed without prej u-dice to further proceedings or actions to enforce their claims.
A decree will be entered declaring the interest of the husband as above settled, and providing that it shall be subject to plaintiff’s judgment, and proper provisions will be made for enforcing the judgment against that interest. Such decree may be had in this court; or, at plaintiff’s option, the cause will be remanded to tlie circuit court for a decree in harmony with tbis opinion.
Beversed.