Citizens' State Bank of Panora v. Snyder, 31277.

CourtUnited States State Supreme Court of Iowa
Citation162 N.W. 6,181 Iowa 11
Docket NumberNo. 31277.,31277.
Decision Date03 April 1917

181 Iowa 11
162 N.W. 6


No. 31277.

Supreme Court of Iowa.

April 3, 1917.

Appeal from District Court, Guthrie County; W. H. Fahey, Judge.

This appeal involves whether the trial court erred in refusing to hold that an earlier judgment estopped plaintiff from maintaining a suit to recover possession of real estate. Reversed.

[162 N.W. 6]

Robbins & Smith, of Winterset, for appellants.

J. R. Mount, of Panora, and Brown & Batschelet, of Guthrie Center, for appellee.


In a petition filed on April 16, 1914, plaintiff asserts it is the absolute and unqualified owner in fee simple and entitled to the immediate possession of certain described real estate, charges that defendant willfully and unlawfully withholds the possession of same, and demands judgment for immediate possession. It bases this claim upon a sheriff's deed, the culmination of the foreclosure of a mortgage. Defendants answer: First, that said foreclosure did not divest the defendant Eva R. Snyder of her title because no original notice was served upon her; second, that plaintiff is estopped to maintain its suit for the following reasons: After the execution of said sheriff's deed, plaintiff began an action before a justice of the peace wherein it sought by action of forcible entry and detainer to dispossess defendant of part of the land involved both in said foreclosure and in the instant suit; that in said forcible entry and detainer action plaintiff based his right to possession upon that foreclosure; that said action was certified to the district court and there became an equity suit; and that therein the district court entered a judgment dismissing the plaintiff's claim. The trial court directed a verdict against the defendant. Its action cannot be sustained if this plea of estoppel is well made. The sole question we have is whether the judgment in the forcible entry and detainer action works the estoppel which defendant asserts.

[1] The plaintiff tells us that in the foreclosure suit there was a finding that notice was duly served, and that such finding is conclusive. In other words, it asserts that the judgment in the foreclosure suit conclusively establishes that plaintiff obtained title by the sheriff's deed. We may assume, for the sake of argument, that this ruled on the day the sheriff's deed was executed. But as one judgment upon due notice is no more conclusive than another judgment upon like notice, it must follow that the...

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3 cases
  • Trustees of Green Bay Levee and Drainage Dist. No. 2, Lee County v. Alexander, 50083
    • United States
    • United States State Supreme Court of Iowa
    • April 4, 1961
    ...649, 657, 5 N.W.2d 899, 903, the two phases of the doctrine are set out. We there quote from Citizens' State Bank of Panora V. Snyder, 181 Iowa 11, 13, 162 N.W. 6, as 'We have held there is a distinction between an adjudication and an estoppel to relitigate things before litigated. There is......
  • Kallem v. Kallem, 45323.
    • United States
    • United States State Supreme Court of Iowa
    • January 14, 1941
    ...... the sale, Edwin and Alvin went to the bank and executed their note therefor. Neither its ...Kallem in this state. Judgment for $5,906.31 was entered against ...107, 13 N.W. 86; Citizens' State Bank of Panora v. Snyder, 181 Iowa 11, 162 ......
  • Citizens' State Bank of Panora v. Snyder, 31277
    • United States
    • United States State Supreme Court of Iowa
    • April 3, 1917
    ...162 N.W. 6 181 Iowa 11 CITIZENS STATE BANK OF PANORA, Appellee, v. EVA R. SNYDER et al., Appellants No. 31277Supreme Court of Iowa, Des MoinesApril 3, REHEARING DENIED SATURDAY, SEPTEMBER 29, 1917. Appeal from Guthrie District Court.--W. H. FAHEY, Judge THIS appeal involves whether the tria......

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