Underwood v. Lombard Investment Co.
Supreme Court of Iowa
Appeal from Page District Court. — Hon. N. W. Macy, Judge. ActioN in chancery to set aside a sheriff’s sale of a town lot occupied by plaintiff as a homestead, and to-declare the plaintiff’s homestead right superior to the-defendant’s title under the sheriff’s sale. Upon a trial on the merits there was a decree granting the relief' prayed for in the plaintiff’s petition. The defendant, appeals.
1Opinion of the CourtBeck, C. J.
The abstract does not set out the evidence upon which the case was tried, and does not purport to do so; but it contains a statement of facts which was made by the defendant’s counsel, in connection with his written argument upon the trial in the court below, the cause having been submitted on trial in vacation on written arguments. It also presents an agreement between the parties entered into prior to the trial in the court below, which is in these words: “There being no material disagreement between counsel for the plaintiff and counsel for the defendant as to the facts established in this…
2Cited by1 opinion
- Co-Operative Bank v. MeldrumSupreme Court of Iowa · 1905