Dumont v. Barrall
Supreme Court of Iowa
Appeal from Jackson District Court appeal: mode of trial in equity causes. The plaintiff’s petition is filed to foreclose a mortgage made to her by Wells, one of the defendants. Among the defendants named in the petition was one Josiah Lamborn, who answered, that he was a judgment creditor of Wells, and that Wells’ mortgage to tho plaintiff was fraudulent and void.
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Appeal from Jackson District Court appeal: mode of trial in equity causes. The plaintiff’s petition is filed to foreclose a mortgage made to her by Wells, one of the defendants. Among the defendants named in the petition was one Josiah Lamborn, who answered, that he was a judgment creditor of Wells, and that Wells’ mortgage to tho plaintiff was fraudulent and void. Other issues, not necessary to be now noticed, were made and tried between the plaintiff and the other defendants. The District Court, on a trial upon the merits, decided in favor of the validity of the plaintiff’s mortgage lien,…
1Opinion of the CourtDillon, J.
By the Revision, the cause was triable by the second method. (Rev., § 3000.) No exceptions were taken by the appellant; no motion for a new trial was made by him; nor was the evidence, against the weight of which he claims the decree to be, embodied in or preserved by a bill of exceptions. In a case of this kind, we cannot act upon a certificate of the clerk, “ that the foregoing is all of the testimony in the cause.” The case at bar is like Docterman v. Webster, 15 Iowa, 522. This is certainly so, as between the parties now before us — probably so as to all parties. It is unlike Henderson v.…
2Cases cited2 opinions
- Henderson v. LeggSupreme Court of Iowa · 1864
- Docterman v. WebsterSupreme Court of Iowa · 1864