Fanning v. Krapfl,

• Court: United States State Supreme Court of Iowa
• Writing for the Court: REED
• Citation: 26 N.W. 133,68 Iowa 244
• Decision Date: 21 December 1885
• Parties: FANNING v. KRAPFL.

68 Iowa 244
26 N.W. 133

FANNING
v.
KRAPFL.

Supreme Court of Iowa.

Filed December 21, 1885.

Appeal from Dubuque district court.

This is an action in equity to set aside a sheriff's deed to certain real estate, and quiet the title thereto in plaintiff. The district court entered judgment for plaintiff, granting the relief demanded in the petition. Defendant appeals. For former opinion see 14 N. W. Rep. 727, and 16 N. W. Rep. 293.

[26 N.W. 133]

Utt Bros. and M. H. Beach, for appellant, Andrew Krapfl.

McCeney & O'Donnell, for appellee, John Fanning.

REED, J.

It is alleged in the petition that the real estate in controversy was conveyed to W. R. I. Hopkins in trust for T. Phelia Boyd Hopkins and her children, and that plaintiff acquired title thereto by a conveyance from

[26 N.W. 134]

said trustee. It is also alleged that while the title was in said trustee the defendant procured the premises to be sold on a special execution issued on a judgment rendered in the circuit court of Dubuque county in favor of defendant and against John C. Hopkins and T. P. B. Hopkins for $393.98, and for the foreclosure of a mechanic's lien, and that he became the purchaser thereof, and that a deed was executed to him by the sheriff under said sale. But it is alleged that said judgment was void for the reason that the court did not have jurisdiction of said T. Phelia Boyd Hopkins. It is shown that said judgment was rendered on a service of the original notice by publication. A copy of said notice is set out in the petition, and it appears therefrom that the notice was directed to John C. Hopkins, P. T. B. Hopkins, his wife, and W. R. I. Hopkins, trustee. It is also shown that the parties were described in the same manner in the petition. The cause has once before been in this court. See 61 Iowa, 417;S. C. 14 N. W. Rep. 727, and 16 N. W. Rep. 293. That appeal was from an order of the district court sustaining a demurrer to the petition, and this court held that the service by publication of an original notice directed to P. T. B. Hopkins, wife of John C. Hopkins, did not give the court jurisdiction of T. Phelia Boyd Hopkins or T. P. B. Hopkins. It was also held that, as there was no express averment in the petition that T. P. B. Hopkins was in fact the wife of John C. Hopkins when the judgment was rendered, the case was not aided by the recital in the notice describing P. T. B. Hopkins as the wife of John C. Hopkins. When the cause was remanded to the district court the defendant filed an answer in which it was alleged that T. P. B. Hopkins was in fact the wife of John C. Hopkins when said notice was published, and when the judgment was rendered, and that she was better known in Dubuque county as the wife of John C. Hopkins than by her Christian...