Barnett v. Nelson
Supreme Court of Iowa
Appeal from Adams District Court. I This case was before us on a former appeal. See 46 Iowa, 495, to wbicb reference is made for a statement, in part, of tlie facts! ^“Upon tliat appeal it ivas held that the plaintiff should be regarded simply as a mortgagee in possession, and liable to account, and tlie cause was remanded for the talcing of an account and the foreclosure of the mortgage originally sued upon, if anything should appear to be due thereon.
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Appeal from Adams District Court. I This case was before us on a former appeal. See 46 Iowa, 495, to wbicb reference is made for a statement, in part, of tlie facts! ^“Upon tliat appeal it ivas held that the plaintiff should be regarded simply as a mortgagee in possession, and liable to account, and tlie cause was remanded for the talcing of an account and the foreclosure of the mortgage originally sued upon, if anything should appear to be due thereon. Upon tlie return of tlie cause to the court below the plaintiff’ filed an amendment to his petition, setting np the note to 'J. R. Lewis, and…
1Opinion of the CourtDay, J.
I. The cause was tried, as shown, by the referee’s report, on the 16th day of April, 1878, before chapter 145, of the laws of 1878, took effect, and is governed by the provisions of section 2742 of the Code. It does not appear that any motion'was made for trial upon written evidence, and hence the cause. is not triable here de novo, but must be reviewed as an action at law, on errors duly assigned. The findings of fact stand as the verdict of a jury, and cannot be disturbed unless ’clearly unsupported by the evidence. The report of the referee as to the facts is not so wanting in support.
i.…
2Cases cited3 opinions
- Myton v. DavenportSupreme Court of Iowa · 1879
- Sanders v. WilsonSupreme Court of Vermont · 1861
- Kellogg v. RockwellSupreme Court of Connecticut · 1849
3Cited by11 opinions
- Whiting v. AdamsSupreme Court of Vermont · 1894
- Mortimer v. East Side Savings BankAppellate Division of the Supreme Court of the State of New York · 1937
- Craig v. BurnsMontana Supreme Court · 1923
- McCloskey v. . HendersonNew York Court of Appeals · 1921
- Whitley v. BarnettSupreme Court of Iowa · 1911
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