Hoyt v. McLagan
Supreme Court of Iowa
-Appeal from Carroll District Court. — Hox. J. P. Conner, Judge. The plaintiff brought this action to recover damages for an alleged breach of the covenants of warranty in a deed.
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-Appeal from Carroll District Court. — Hox. J. P. Conner, Judge. The plaintiff brought this action to recover damages for an alleged breach of the covenants of warranty in a deed. The defendant answered, admitting the-execution of the deed, denying every other allegation, and setting up a counterclaim for damages for an alleged breach of the covenants of warranty in a deed, executed by the plaintiff to him, for lot 1 and the east ten feet of lot 2, biock21, in the town of Carroll, Iowa. The breach claimed is that a certain building situated on said lots belonged to one Sprague. The plaintiff'…
1Opinion of the CourtGiven, J.
„ „ . 1. Practice in tríaíd6novo-t: record. — I. The appellee contends that “this case can not be tried de novo here because there is no authenticated abstract of the record.” The appellee filed an abstract, in which fie gayS) “there are a few material errors in the appellant’s abstract (evidently the fault of the printer),” and then points out five particulars wherein he claims the appellant’s abstract is erroneous. The appellant filed an additional abstract, admitting that the appellee’s abstract is correct as to the three errors last named therein, and denying that it is correct as to the…
2Cases cited3 opinions
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Fitch v. BunchCalifornia Supreme Court · 1866
- Steel v. MillerSupreme Court of Iowa · 1875
3Cited by7 opinions
- May v. EmersonOregon Supreme Court · 1908
- Mohr v. JoslinSupreme Court of Iowa · 1913
- Bott v. WrightCourt of Appeals of Texas · 1910
- In Re Estate of HazeldineSupreme Court of Iowa · 1938
- Sewell v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1909
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