Legal Opinion

Preston v. Hale

Supreme Court of Iowa

Decided December 11, 1884PublishedCited by 2 opinions

Appeal from Buchanan Circuit Cou/rt. Action to set aside a probate sale of real estate. There was a decree for the plaintiff. The defendants appeal.

1Opinion of the CourtAdams, J.

The appellants have taken this appeal for the purpose of securing a trial de novo. Their abstract purports to contain all the evidence introduced or offered, and is sufficient in that respect. It does not expressly show that the evidence was made of record, but our practice is to assume that it is so claimed, and that the claim is well founded, in the absence of any showing to the contrary. The appellee, however, has filed an additional abstract, as an amendment to the appellant’s abstract, in which he denies that the evi - dence was made of record, and it seems to be undisputed that such was…

2Cited by2 opinions

  1. Loter v. Metropolitan Life InsuranceSupreme Court of Iowa · 1941
  2. Co-Operative Bank v. MeldrumSupreme Court of Iowa · 1905

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