Cooper v. Skeel
Supreme Court of Iowa
Appeal from Scott District Court. In April, 1858, complainant borrowed of respondent, Skeel, $500, and secured the same by deed of trust on eighty acres of land. The loan was for seven months, with interest at 25 per cent per annum. When the note matured the time was extended for nine months, at the same rate of interest.
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Appeal from Scott District Court. In April, 1858, complainant borrowed of respondent, Skeel, $500, and secured the same by deed of trust on eighty acres of land. The loan was for seven months, with interest at 25 per cent per annum. When the note matured the time was extended for nine months, at the same rate of interest. The debt was not paid and the trustee sold the property to Skeel for $650. Complainant files this bill, setting up that after the property was advertised and before the sale, a verbal agreement was entered into by which he was to allow the property to be bid off by said…
1Opinion of the CourtWright, J.
The issues in tbis case were tried accordr ing to tbe first method of equitable trials as contemplated by § 2999 of the Revision. And, therefore, though tbe referee reported tbe facts and the conclusions of law separately, bis finding is not to have tbe effect of a special verdict. Tbe case comes before us for examination de nemo, upon tbe law and tbe facts as apparent of record. (§§ 2999, 3095,8096.)
We are then to determine, as an original question, whether tbe testimony sustains complainant’s bill. And when we say tbis, we mean of course, whether it is sustained upon tbe controverted…
2Cases cited2 opinions
- Corbit v. SmithSupreme Court of Iowa · 1858
- Noel v. NoelSupreme Court of Iowa · 1855
3Cited by16 opinions
- Frederick v. ShormanSupreme Court of Iowa · 1966
- Holmes v. ConnableSupreme Court of Iowa · 1900
- Bourne v. StateNebraska Supreme Court · 1927
- Sinclair v. AllenderSupreme Court of Iowa · 1947
- McAnnulty v. SeickSupreme Court of Iowa · 1882
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