Hackworth v. Zollars
Supreme Court of Iowa
Appeal from Wapello District Court. The plaintiff, as guardian of Albert G. and Francis M. Harrow, filed a petition in equity in tbe district court of Wapello county, showing that, on the 21st day of March, 1846, Francis M. Harrow, now deceased, became the owner and entitled to the possession of twenty-four acres of land, in the north-east quarter of the south-west quarter of section twenty-four, township 72 north, of range 14 west (describing it); that said Francis died in…
Read the full summary
Appeal from Wapello District Court. The plaintiff, as guardian of Albert G. and Francis M. Harrow, filed a petition in equity in tbe district court of Wapello county, showing that, on the 21st day of March, 1846, Francis M. Harrow, now deceased, became the owner and entitled to the possession of twenty-four acres of land, in the north-east quarter of the south-west quarter of section twenty-four, township 72 north, of range 14 west (describing it); that said Francis died in 1855, leaving Harriet, his widow, and Albert"G. and Francis M. his children; that the widow retained possession until…
1Opinion of the CourtMiller, J.
1. Practice : of errors. I. The appellants have filed an assignment of errors, as in a case at law. This is unnecessary. The action being in equity, triable by the first method of equitable trials, it is heard de novo in this court, regardless of the decision of the court below. That is, we try the case upon the facts and the law apparent of record, the same as if this court had original jurisdiction. And, therefore, no assignment of errors is necessary. Rev. of 1860, §§ 2999, 3000, 3001; Blake v. Blake, 13 Iowa, 40; Ticonic Bank v. Harvey, 16 id. 141; Róbb v. Dougherty, 14 id. 379 ; Cooper…
2Cases cited6 opinions
- Whitaker v. Johnson CountySupreme Court of Iowa · 1861
- Dygert v. PlettsNew York Supreme Court · 1841
- Blake v. BlakeSupreme Court of Iowa · 1862
- Dalter v. GuyeSupreme Court of Iowa · 1862
- Laub v. . BuckmillerNew York Court of Appeals · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Freeman v. McAninchTexas Supreme Court · 1894
- Baker v. LeavittSupreme Court of Oklahoma · 1915
- Neil v. TolmanOregon Supreme Court · 1885
- Bomar v. SmithCourt of Appeals of Texas · 1917
- Foster v. HinsonSupreme Court of Iowa · 1888
16 more not listed; retrieve them via the Exa API.