Johnson v. Matthews

Decision Date07 June 1904
Citation99 N.W. 1064,124 Iowa 255
PartiesLAURA M. JOHNSON v. CASSIE MATTHEWS and T. F. NORMAN, Sheriff, Appellants
CourtIowa Supreme Court

Appeal from Henry District Court.--HON. W. S. WITHROW, Judge.

ON the 15th day of March, 1900, Daniel Johnson died testate seised of certain real estate. His will was duly admitted to probate, and under its terms the widow took a life estate and his six children the remainder, share and share alike. One of these children--Andrew E. Johnson--left Iowa in 1884, and has not been a resident of the State since. After his departure his wife commenced an action for divorce, and, having served notice by publication only, obtained a decree of divorce February 2, 1886, and personal judgment for alimony in the sum of $ 1,000 and $ 10.50 costs. On the 9th day of April 1901, she filed her petition, alleging her ownership of said judgment for alimony and costs, the interest of Andrew E Johnson in the land, and prayed that "the said sum of $ 1,000 may be confirmed in her as alimony," and "that said sum of principal and interest may be adjudged and decreed by this court to be a lien" upon Johnson's interest in the real estate, and that special execution issue accordingly. Notice was served by publication, the affidavit thereof being filed December 3 1901, and a decree was entered on April 22, 1902, that the order of said defendant "to the effect that plaintiff have and recover of said defendant the sum of $ 1,000 as alimony in said cause, together with the costs of said suit be, and the same is hereby confirmed by this court, and the said sum of $ 1,000, together with the interest thereon at the rate of six per cent. per annum from the date of said order, February 2, 1886, said interest to be computed by the clerk of this court, and, together with the costs of said cause No. 2,060, be, and the same is hereby, declared to be a lien upon the interest of said defendant in and to the following described real estate." Special execution issued, and Johnson's interest in the land was levied upon and advertised for sale on August 16, 1902. The plaintiff had acquired Johnson's undivided one-sixth of the remainder October 2, 1901, and in this action prayed that the sale be enjoined, and Cassie Matthews be decreed to have no interest in or lien on the land. Decree was entered as prayed, and she appeals.


R. S Gayler, for appellant.

Seerley & Clark and Babb & Babb, for ...

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8 cases
  • McLean v. McLean
    • United States
    • North Dakota Supreme Court
    • January 8, 1940
    ... ... Stallings, 9 L.R.A. 593; Raher v. Raher, 150 ... Iowa 511, 129 N.W. 494; Pennoyer v. Neff, 95 U.S ... 714, 24 L. ed. 565; Johnson v. Matthews, 124 Iowa ... 255, 99 N.W. 1064; Sowders v. Edmunds, 76 Ind. 123; ... Baker v. Jewel, 114 La. 726; Larson v ... Larson, 82 ... ...
  • Shipley v. Shipley
    • United States
    • Iowa Supreme Court
    • December 19, 1919
    ... ... might not have been rendered against him for support. Rea ... v. Rea, 123 Iowa 241, 98 N.W. 787; Johnson v ... Matthews, 124 Iowa 255, 99 N.W. 1064. Can allowance for ... separate support of the wife be taken from the nonresident ... husband's ... ...
  • Hood v. Hood
    • United States
    • Georgia Supreme Court
    • May 13, 1908 a lien on the defendant's share in the deceased father's real estate, situate within the territorial jurisdiction of the court. Johnson v. Matthews, supra. Ellison v. Martin, supra, the Missouri court held that a general judgment for alimony could not be rendered against a defendant upon......
  • Kell v. Kell
    • United States
    • Iowa Supreme Court
    • March 13, 1917
    ...have been sustained. Kline v. Kline, 57 Iowa, 386, 10 N. W. 825, 42 Am. Rep. 47;Rea v. Rea, 123 Iowa, 241, 98 N. W. 787;Johnson v. Matthews, 124 Iowa, 255, 99 N. W. 1064. This is because of want of jurisdiction over the person of defendant. Here the order or judgment was against the plainti......
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