Hefner v. Northwestern Life Insurance

Citations

• 123 U.S. 747
• 8 S. Ct. 337
• 31 L. Ed. 309
• 1887 U.S. LEXIS 2215

Syllabus

<p>ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA.</p> <p>Multifariousness as to subjects or parties, within the jurisdiction of a court of equity, does not render a decree void, so that it can be treated as a nullity in a collateral action.</p> <p>A court of equity, in a suit to foreclose a mortgage, may permit a person, to whom the land lias been sold and conveyed for non-payment of taxes assessed after the date of the mortgage, to be made a party, and may determine the validity of his title.</p> <p>A bill in equity by A against B and C to foreclose a mortgage from B to A alleged-that C claimed some interest in the premises, the exact nature of which the plaintiff was unable to, set out, and.prayed for a decree of foreclosure, and that the right, title and interest of each defendant be forever barred and foreclosed, and for a sale of the premises, and for further relief. In the decree C’s default was recited and confirmed, and it was adjudged that the mortgage was a lion prior and paramount to the lien of each defendant, and that the right, title and equity of redemption of each defendant be by a sale under the decree .forever barred and foreclosed, and that the purchaser at such sale should take the premises by title absolute, relating back to the date of the mortgage. Under that decree the land was sold to A. Held, that the decree was a conclusive adjudication that C had no valid title or lien, and estopped him to set up, in defence to an action of ejectment by A, a tax title subsequent to the mortgage and prior to the suit for foreclosure.</p>