Hayes v. Hugel
Hayes v. Hugel
Opinion of the Court
February 6, 1906, the plaintiff filed a petition asking a decree of divorce from her husband, Edwin C. Hayes, and on the same day the district judge ordered a writ of attachment in said cause and a levy on the defendant’s property. On the following day, the sheriff levied said writ on the property in question in this action. Notice of suit and of the prayer for an attachment was served on Edwin C. Hayes Eebruary, 6, 1906. on the 15th day of February, 1906, there was filed in the district court a confession of judgment, executed on the 14th of February by O. E.. Hayes in favor of his sister, Bettina H. Hugel. On the 7th day of April, 1906, the land in question was sold under an execution issued on Mrs. Hugel’s judgment and a certificate of sale issued to Enoch Auge. Later a deed issued on said certificate to Bettina H. Hugel. July 14, 1906, the plaintiff, was granted a divorce and $550 alimony, and it was ordered that the judgment for alimony be a lien on the land involved herein by virtue of the attachment levied thereon on the 7th of February. Execution issued on said judgment, and on the 25th day of August, 1906, the laud was sold thereunder
We do not think the record would justify a judgment against him, and the judgment is affirmed on the plaintiff’s appeal. The district court gave the plaintiff a judgment against Bettina H. Hugel and Edwin C. Hayes for the rents from December 9, 1907, to July 7, 1909, and a judgment against John Lawlor and Teresia Lawlor for the rents from April 30, 1908, to July 7, 1909. It is evident that the plaintiff is not entitled to a double recovery; bpt she may elect which judgment she will enforce, and, when it is satisfied, the other will be discharged. Putney v. O'Brien, 53 Iowa, 117.
Judgment modified and affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.