Cross v. B. & S. W. R. Co.
Supreme Court of Iowa
Appeal from Van Burén Circuit Cowrt. Action in equity. The petition states that the plaintiff was the owner of an interest in certain described real estate, and also certain grades, embankments, earth-works and other improvements in the nature of a road-bed' and right of way for a railroad situated in Van Burén county, Iowa, and used by the Burlington & Southwestern Railway Company for its road; that he “sold his interest in said lands to defendant Burlington & Southwestern…
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Appeal from Van Burén Circuit Cowrt. Action in equity. The petition states that the plaintiff was the owner of an interest in certain described real estate, and also certain grades, embankments, earth-works and other improvements in the nature of a road-bed' and right of way for a railroad situated in Van Burén county, Iowa, and used by the Burlington & Southwestern Railway Company for its road; that he “sold his interest in said lands to defendant Burlington & Southwestern Railway Company for the sum of one thousand three hundred dollars, for which said company gave their notes for eight…
1Opinion of the CourtSeevers, J.
i practice in cou?"PS® ae U0T0- — I. It is objected by the appellee that there cannot be a trial de novo, because no motion was made below for a trial on written evidence, nor did the court order there should be such a trial. In this we concur. There was no objection made to the introduction of evidence, and the only exception taken was to the decree. In substance it is assigned as error that there was no evidence warranting the establishment of a vendor’s lien. The appellee objects that an equity cause cannot be heard in this court on error, but must be tried de novo, or not at all. In…
2Cases cited4 opinions
- Starr v. City of BurlingtonSupreme Court of Iowa · 1876
- Sherwood v. SherwoodSupreme Court of Iowa · 1876
- Richards v. HintragerSupreme Court of Iowa · 1876
- Grant v. CrowSupreme Court of Iowa · 1878
3Cited by11 opinions
- Wells v. B. C. R. & N. R.Supreme Court of Iowa · 1881
- Byerly v. ShermanSupreme Court of Iowa · 1905
- Conners v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1888
- Van Sandt v. CramerSupreme Court of Iowa · 1883
- Jones v. JonesSupreme Court of Iowa · 1908
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