Van Donselaar v. Jones, No. 35128.

• Court: United States State Supreme Court of Iowa
• Writing for the Court: EVANS
• Citation: 192 N.W. 22,195 Iowa 1081
• Docket Number: No. 35128.
• Decision Date: 13 February 1923
• Parties: VAN DONSELAAR ET AL. v. JONES ET AL.

195 Iowa 1081
192 N.W. 22

VAN DONSELAAR ET AL.
v.
JONES ET AL.^a1

No. 35128.

Supreme Court of Iowa.

Feb. 13, 1923.

Appeal from District Court, Woodbury County; C. C. Hamilton, Judge.

Action for damages for fraudulent representations in the sale of real estate. At the close of plaintiffs' evidence, and upon the motion of the defendants, the trial court abated the action for want of jurisdiction on the ground that the plaintiffs had obtained apparent jurisdiction of the defendants only by resort to deceit and trickery. Judgment was entered against the plaintiffs for costs and they appeal. Affirmed.

[192 N.W. 22]

Henderson, Fribourg & Hatfield and D. Van Donselaar, all of Sioux City, for appellants.

Leslie J. Lyons and F. W. Hanna, both of Kansas City, Mo., and E. E. Wagner and Robert B. Pike, both of Sioux City, for appellees.

EVANS, J.

In March, 1919, the plaintiffs purchased of the defendants 480 acres of land in Lyman county, S. D. For nearly two years thereafter both plaintiffs and defendants continued as residents of that county. Shortly before the beginning of this action, the defendants had become residents of the state of Ohio. About the same time, the plaintiffs claimed to have discovered that the land purchased by them was impregnated with alkali from which cause great injury had been suffered by them by reason of its effect upon stock kept upon the farm. For the purpose of obtaining jurisdiction over the defendants, or over their property outside of the state of Ohio, a ruse was resorted to by the plaintiffs and participated in by a brother and sister residing in Sioux City, Iowa. The defendants held a second mortgage of $6,100 against the plaintiffs. This was past due, and the plaintiffs were unable to pay. A Mrs. Resner, of Sioux City, wrote a letter to the defendants, offering to buy the mortgage and making an offer therefor. The real purpose of that offer was to get the defendants to send the mortgage to one of the banks at Sioux City, where the proceeds of the purchase could be paid, and could thereafter be attached in this suit by the plaintiffs. The defendants accepted the offer and sent on their mortgage. Mrs. Resner was a sister of the plaintiffs. At the appointed time, she and her brother and plaintiffs' attorney (not appearing herein) and the sheriff appeared at the bank, and simultaneously paid the money and received the mortgage and levied an attachment by garnishment of the bank. In this manner jurisdiction was acquired over...