143 Iowa 449 | Iowa | 1909
The action of this plaintiff against the three minors named in the preceding statement of facts was in equity, and the petition therein alleged that a certain deed, placed of record in the recorder’s office in Keokuk County, a copy of which is attached as an exhibit, although purporting to be executed by plaintiff and his wife to said minors, was never delivered, and had without the knowledge or consent of plaintiff come into the posses
The sole question for determination is as to the jurisdiction of the trial judge to enter the order complained of, setting aside the previous decree, without service of notice on the successful party or appearance by him or in his behalf. Until the decree was entered on the proper record, it was not conclusive, but was subject to the control of the court, and plaintiff was bound to take notice of any motion for its modification or correction. Hull v. Elby, 123 Iowa, 257; McConnell v. Avey, 117 Iowa, 282; Miller v. Wolf, 63 Iowa, 233. The ease of Kwentsky v. Sirovy, 142 Iowa, 385, recently decided by this court, related to a modification of a judgment after its entry on the record by the clerk, and is not therefore applicable to the present case. The
The proceeding for annulment is therefore dismissed.