Campbell v. Ayres
Supreme Court of Iowa
Appeal from the Polk District Court. This was a bill in chancery, by James Campbell against William E. Ayres, claiming of tbe respondent, tbe title to,, and possession of, certain real estate described in tbe petition.
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Appeal from the Polk District Court. This was a bill in chancery, by James Campbell against William E. Ayres, claiming of tbe respondent, tbe title to,, and possession of, certain real estate described in tbe petition. Tbe allegations of tbe petition, are substantially as follows: Joseph Crews purchased tbe lot in controversy, of tbe board of commissioners of Polk county, Iowa, about tbe 20th of February, 1847, for tbe sum of about forty dollars,, one-sixth of which sum be paid down, and was to pay tbe balance in three equal installments of six, twelve and eighteen months, and tbe said board…
1Opinion of the Court
Woodward, J.(1)
Now, why were not the matters ■stated in the replication of the complainant, put in issue and tried in that former suit? There is not a reason given. There is no pretence that the plaintiff was prevented by surprise, accident, or any other circumstance whatever. The plaintiff cannot suppose, that he had a right to keep silent on these matters in the former trial, and then bring them up in a subsequent suit. But he seems to think that these matters, not being put in issue and tried, were not *262adjudicated. It must be remembered, that tbe former suit was brought to settle the title…
2Cited by5 opinions
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- Kenyon v. WilsonSupreme Court of Iowa · 1889
- Farm Credit Bank of Omaha v. FaughtSupreme Court of Iowa · 1992
- Lawrence Savings Bank v. StevensSupreme Court of Iowa · 1877
- Campbell v. AyresSupreme Court of Iowa · 1865