Pearson v. Maxfield
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Action in equity to set aside certain conveyances of real estate as being fraudulent. The answer denied the allegations in the petition, and set up the statute of limitations and a former adjudication in bar of tbe plaintiff’s right to the relief demanded. The court found for the plaintiff and entered a decree accordingly, and defendants appeal.
1Opinion of the CourtSeevees, J.
1. practice in courtFáb™6 beciianged.06 This action was commenced in 1867, and the parties were entitled to a trial in the court below by the first method, and it was so tried. The cause is, therefore, triable de novp in this court. Revision, § 2999. The plaintiff’s right to the relief demanded is based on a sheriff’s deed, which he alleges was duly executed and delivered to him. What purports to be a copy of such deed is attached to his petition as an exhibit. The abstract states that all the evidence introduced in the court below is contained therein, but no mention is made of such deed…
2Cited by3 opinions
- Mahaffy v. MahaffySupreme Court of Iowa · 1884
- Conner v. LongSupreme Court of Iowa · 1884
- Lewis v. MarkleSupreme Court of Iowa · 1887