Union Properties v. Grant

[1] The trial was to the court and while there was no transfer to the equity side, it was apparently tried in equity. While the appellant states that the appeal is in equity and should be considered de novo, it also assigns errors as a precaution. In view of our agreement with the facts as found by the trial court, it is not material, for the purpose of this appeal, whether the appeal be treated as de novo, or otherwise. Patten v. Haselton,164 Iowa 645, 146 N.W. 477, 51 L.R.A., N.S., 226. However, since both sides have treated the case as one in equity, both in the trial court and in this…