94 Iowa 548 | Iowa | 1895
I. The following statement of the facts made by appellant is substantially correct, and is sufficient for the purpose of the questions discussed: On July 27, 1880, William Torpey, being the owner of the land in question, executed a mortgage thereon to the People’s Savings Bank, to secure payment of a promissory note, due in five years from date of the mortgage. In June, 1881, “William Dickerson, for the use of Studebaker Bros. Mfg. Company,” obtained a judgment in the circuit court of Polk county, Iowa, against said William Torpey, for about four hundred and twenty-eight dollars, with interest, attorney’s fees, and costs. On March 18,1882, a transcript of said judgment was filed in the office of the clerk of the district court of Dallas county, Iowa, and duly entered of record by said clerk as a judgment in said court. In March, 1885, an action was brought by the People’s Savings Bank in the district court of Dallas county, Iowa,, against William Torpey, his wife, and William Dickerson, individually, and other persons, to foreclose the mortgage above referred to against said land. Neither the Studebaker ,Bros. Manufacturing Company nor William Dickerson, for the use of said company, were made parties to said foreclosure suit. During the pendency of said foreclosure suit, William Dickerson was a resident of Des Moines, Iowa. In November, 1885, service by publication was had upon the defendant William Dickerson, no other service being had upon him. At that time he was a resident of Des Moines, Iowa. At the March or April term, 1885, decree of foreclosure was taken against all the defendants except Dickerson; and at
This disposes of all the questions urged in argument. We reach the conclusion that the judgment of the district court should be affirmed.