Dunton v. McCook
Supreme Court of Iowa
Appeal from, Mitchell District Court. — HoN. ClietoRD P, Smith, Judge. In Dunton v. McCook, 98 Iowa, 258, this court affirmed' a decree of the district court, entered May 18, 1892, to the effect that a deed of certain real estate executed by A. K Tyrrell to Thomas McCook in 1875 was in fact a mortgage-to secure the payment of certain advances made by the latter from sales, and rents and profits collected; that upon accounting $524.44 was still owing January 1, 1890; that…
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Appeal from, Mitchell District Court. — HoN. ClietoRD P, Smith, Judge. In Dunton v. McCook, 98 Iowa, 258, this court affirmed' a decree of the district court, entered May 18, 1892, to the effect that a deed of certain real estate executed by A. K Tyrrell to Thomas McCook in 1875 was in fact a mortgage-to secure the payment of certain advances made by the latter from sales, and rents and profits collected; that upon accounting $524.44 was still owing January 1, 1890; that upon payment thereof “said Tyrrell will be entitled to a reconveyance of the premises remaining unsold, and upon payment of…
1Opinion of the CourtLadd, J.
The original decree in this case was entered in the district court May 18, 1892. Upon appeal that court lost jurisdiction. As said in Levi v. Karrick, 15 Iowa, a jorisdic-reviva?o?eal: 444: “When appeal is taken, all power of the court below over the parties and subject-matter is lost until the cause, or some part thereof, is remanded back, by order of this court, for its further action.” McGlaughlin v. O’Rourke, 12 Iowa, 459; Stillman v. Rosenberg, 111 Iowa, 322. But pending such appeal the decree continued in full force for all purposes. Watson v. Richardson, 110 Iowa, 698. It was affirmed…
2Cases cited11 opinions
- Watson v. RichardsonSupreme Court of Iowa · 1899
- Steinbach v. StewartSupreme Court of the United States · 1871
- Allen v. City of DavenportSupreme Court of Iowa · 1901
- McGlaughlin v. O'RourkeSupreme Court of Iowa · 1861
- Foote v. Burlington Gaslight Co.Supreme Court of Iowa · 1897
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3Cited by23 opinions
- Shaw v. AddisonSupreme Court of Iowa · 1945
- Shors v. ShorsSupreme Court of Iowa · 1906
- Franzen v. Deere and Co.Supreme Court of Iowa · 1987
- Hogle v. SmithSupreme Court of Iowa · 1907
- Ferguson v. MontgomerySupreme Court of Arkansas · 1921
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