Dicken v. Morgan
Supreme Court of Iowa
Appeal from Ringgolcl District Court. Action to foreclose a mortgage. The defendant for answer avers a partial failure of consideration. The undisputed facts are that the defendant purchased of the plaintiff eighty acres of land; that he paid two hundred dollars in cash and gave his notes for $900, and a mortgage upon the land to secure them; that he paid the full amount except one note for two hundred dollars.
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Appeal from Ringgolcl District Court. Action to foreclose a mortgage. The defendant for answer avers a partial failure of consideration. The undisputed facts are that the defendant purchased of the plaintiff eighty acres of land; that he paid two hundred dollars in cash and gave his notes for $900, and a mortgage upon the land to secure them; that he paid the full amount except one note for two hundred dollars. The defendant claims that the price of the land was $1,000; that the plaintiff, however, as apart the trade agreed to procure the establishment of a highway across one side of the…
1Opinion of the CourtRothrock, J.
lexcopSpu°to equity: trial denovo. I. No exception was taken to the decree, and the defendant insists that without such exception, no objection can be properly raised to it in this court. He cites Roberts v. Cass, 27 Iowa, 225. But that was an action at law. The case before us is an equitable action, triable anew upon appeal. In Phipps v. Penn, 23 Iowa, 30, a doubt was expressed whether under the Revision an exception to the decree in an *159equitable action should not be taken to justify a trial upon appeal. But it does not appear to have ever been so held. We see nothing in our present statute…
2Cases cited2 opinions
- Roberts v. CassSupreme Court of Iowa · 1869
- Phipps v. PennSupreme Court of Iowa · 1867
3Cited by5 opinions
- Long v. WilsonSupreme Court of Iowa · 1903
- Sarvis v. CasterSupreme Court of Iowa · 1902
- Griffith v. Vicksburg Water Works Co.Mississippi Supreme Court · 1906
- Estate of Culver v. MorrowSupreme Court of Iowa · 1911
- Iowa National Bank v. DavisSupreme Court of Iowa · 1919