Matson v. Matson

173 N.W. 127, 186 Iowa 607, 1919 Iowa Sup. LEXIS 242
CourtSupreme Court of Iowa
DecidedJuly 1, 1919
StatusPublished
Cited by29 cases

This text of 173 N.W. 127 (Matson v. Matson) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matson v. Matson, 173 N.W. 127, 186 Iowa 607, 1919 Iowa Sup. LEXIS 242 (iowa 1919).

Opinion

Preston, J.

No evidence was introduced on the trial in the district court. The decree is based entirely upon the pleadings. The facts alleged in the petition are admitted in the answer, with some denials. The petition set up a decree rendered in the state of Washington, in an action for divorce between plaintiff and defendant Ed Matson, which decree directed appellant to convey certain real estate in .Boone, Iowa, to the appellee. It was further averred that, at the commencement of said action for divorce in Washington, defendant Ed Matson was enjoined, from disposing of any of the property of the parties until further order of the court, and averred that the property described was the only property in Boone, Iowa, belonging to them or either of them; that, immediately after the announcement of the [610]*610decision of the court, which announcement was in accordance with the decree afterwards filed, said defendant left the state of Washington and came to Boone, and has remained in the state of Iowa since that time; that, immediately upon arriving in Iowa, he transferred the property to defendant Ida Johnson without consideration; and that said Ida Johnson had knowledge of appellee’s rights thereto at the time of such conveyance; that the property was worth $1,600 at that time; that the decree of the Washington court provided that defendant Matson should pay monthly instalments of alimony, and the costs and attorneys’ fees in said divorce action; and that the same were unpaid, to the extent of $251.25; that the Washington court was one of general jurisdiction, and had jurisdiction of the subject-matter of the action, and that said defendant Matson appeared thereto in person and by attorney; that no appeal was ever taken therefrom; and that said decree has never been modified in any particular. The prayer of the petition in the instant case asked that the deed be set aside, and for judgment, and that the court require said defendant Matson to convey the premises to the plaintiff, or, in default thereof, that a commissioner be appointed for that purpose. The answer admitted certain of the allegations of fact in the petition, except that it averred that defendant Ida Johnson had paid her codefendant, Mat-son, $1.00 as a consideration for the premises, and that he had j>aid $80 on the judgment for the instalments of alimony and costs; averred that the decree of the Washington court was of no validity, in so far as it attempted to affect the title to real estate in Iowa; that the injunction referred to did not specifically describe the property. The answer denied that the restraining order applied to the property in controversy in this case; that the Washington court had' jurisdiction of that portion of the subject-matter before it which is involved in this case; that the di[611]*611vorce decree was a final adjudication between the parties, so far as it concerned the Iowa property; that the defendant Matson conveyed in violation of any restraining order; that the defendant Ida Johnson knew that defendant Mat-son was bound by the divorce decree to convey the property to'plaintiff; all allegations of fraud; that plaintiff was the beneficial owner of the property in controversy; and that the defendant Matson was bound to convey this property to plaintiff; and that his deed to Ida Johnson constituted a cloud upon plaintiff’s title. The answer also alleged that the Washington decree was void, and can have no basis for an action affecting the title to property in Iowa; that plaintiff’s remedy, if any, is to be granted by the court which rendered the decree; that the courts of this state have no jurisdiction to require the defendant Mat-son to comply with an order imposed upon him by the court of another state; that the divorce decree has no effect outside of the territorial limits of' the jurisdiction of the court which rendered it; that it does not bind the conscience of defendant Matson; that the Washington court had no jurisdiction, in the divorce case, of the property involved herein.; that defendant Matson has violated no final judgment or decree to which the courts of this state are required to give full faith dnd credit. The prayer of the answer was that the plaintiff’s petition be dismissed, and that defendant Ida Johnson be decreed to be the owner of the property. These are the general allegations in the petition and answer, but the facts are stated more in detail.

From the detailed statement of the facts in the pleadings, plaintiff states the following facts, in addition to those already stated, which appellants concede to be complete, with one or two exceptions, which will be noted. Plaintiff and defendant Matson were married in May, in 1897, and continued to live together as husband and wife until 'the summer of 1914. About 1909, they moved to [612]*612Washington, and thereafter continued to reside in King County, in that state, until the summer of 1914. There were four small children. In June, 1914, plaintiff commenced her divorce action in the superior court of King County, for an absolute divorce; on the date of the commencement of such action, a restraining order and order to show cause was issued, restraining the defendant from incumbering or disposing of any of the property of the parties to said action, and he (the defendant) was required to show cause before that court on July 28, 1914, why the order should not be made permanent. Said restraining order and the summons in the action of divorce were duly served upon appellant in the county of King and state of Washington, on the 22d day of July, 1914. On the 28th day of July, 1914, upon the return of the order to show cause why the restraining order should not be made permanent, appellant Matson appeared, in person and by his attorney, and the court confirmed the restraining order until further order of the court. Said action came on for hearing before said court on the 14th day of August, 1914, the appellee appearing in person and by her attorney, and appellant Matson also appearing in person and by his attorney; and the court, having heard the evidence and proofs, then and upon said day announced its decision granting plaintiff a divorce, the custody of the children, and granting to plaintiff the property in Iowa hereinafter referred to, by the following provision, afterwards incorporated in the decree, “that plaintiff be and she is hereby awarded the household furniture and piano and property known as 4628 Meade Street, Seattle, Washington, and the property of the parties hereto, located in the town of Boone in the state of Iowa, and the defendant is hereby directed and 1’equired to execute to plaintiff a conveyance of said Iowa property.”

On the 8th day of October, 1914, a formal finding of [613]*613facts was made by the court, in accordance with the oral finding so announced on the 14th day of August, 1914, and on the same day, a decree was filed in accordance with said oral finding and the finding of facts above set out. The law of the state of Washington, at the time of the pendency of said action in the superior court of the state of Washington in and for King County, provided in relation to the property of parties to a divorce action as follows, being Section 4637 of Pierce’s Code of that state (1902) :

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Bluebook (online)
173 N.W. 127, 186 Iowa 607, 1919 Iowa Sup. LEXIS 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matson-v-matson-iowa-1919.