Weir v. Day
Supreme Court of Iowa
Appeal from Cerro Gordo Circuit Court. On tbe 6th day of March 1874, the plaintiff being the owner of certain real estate in Mason City conveyed the same to R. 0. Mathews. On the 17th day of the same month Mathews conveyed the same property to the defendant C. H. Day, and on the 9th day of August 1876, Day conveyed to Edwin Hamblin. When the property was conveyed by plaintiff to Mathews the same was encumbered by certain tax-liens mortgages and judgments.
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Appeal from Cerro Gordo Circuit Court. On tbe 6th day of March 1874, the plaintiff being the owner of certain real estate in Mason City conveyed the same to R. 0. Mathews. On the 17th day of the same month Mathews conveyed the same property to the defendant C. H. Day, and on the 9th day of August 1876, Day conveyed to Edwin Hamblin. When the property was conveyed by plaintiff to Mathews the same was encumbered by certain tax-liens mortgages and judgments. These liens were beyond the ability of the plaintiff to pay and he conveyed to Mathews, as is claimed to the end that he, Mathews, should…
1Opinion of the CourtRothrock, J.
Krrr¡TErcE. trim de novo. I. A question is made as to whether the action is triable anew in this court. It is said that the evidence was not taken down in writing. The record shows at the testimony of some of the vitnesess was taken by deposition. At the trial the testimony of other witnesses was taken by a short-hand reporter, and the evidence was transcribed by him, and filed in the cause. The transcript of the evidence was filed before the canse was submitted to the judge for his decision, and was taken by him with the written arguments of counsel and the cause was decided in vacation. The…
2Cases cited2 opinions
- Stephens v. Heirs of HarrowSupreme Court of Iowa · 1868
- Holliday v. HollidaySupreme Court of Iowa · 1859
3Cited by8 opinions
- Chalmers v. SheehyCalifornia Supreme Court · 1901
- James v. Oakland Traction Co.California Court of Appeal · 1909
- Shaw v. AddisonSupreme Court of Iowa · 1947
- Livingston v. IvesSupreme Court of Minnesota · 1886
- Fulton v. McCulloughSupreme Court of Iowa · 1943
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