Van Meter's Heirs v. Lovis' Heirs

There was a joinder in error in this case, and submitted on briefs, no diminution of record having been alleged. There is but a fragment of a record before us, and if we should act on it, we would be compelled to affirm the decree, on the presumption the court had sufficient before it to warrant the decree. The decree, as it appears in the record, on assuming that the pleadings are all correct and in correspondence with.the facts stated in the decree, is certainly wrong, but we have no right so to presume. Avoiding, then, a course which might prejudice the complainants, we have exercised the…