Sears v. Sellew
Supreme Court of Iowa
Appeal from Jaclcson District Court. This is an action to recover the value of the rents and profits of an undivided interest in certain lands. Plaintiff and defendant each owned an undivided one-half of the lands, all of which were in the possession of defendant and occupied by his tenant, H. B. Miller, who leased them for one year to John Miller. H. B. and John Miller were joined as defendants.
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Appeal from Jaclcson District Court. This is an action to recover the value of the rents and profits of an undivided interest in certain lands. Plaintiff and defendant each owned an undivided one-half of the lands, all of which were in the possession of defendant and occupied by his tenant, H. B. Miller, who leased them for one year to John Miller. H. B. and John Miller were joined as defendants. Plaintiff claimed also against Sellew an amount due him for taxes.paid upon the land, over and above the one-half thereof. The cause was referred. Upon the report of the referee judgment was rendered…
1Opinion of the CourtBeck, J.
Several objections are made by appellant to the judgment and rulings of the District' Court. We will proceed to notice them in the order in which they are presented in the argument of appellant’s counsel.
l. reference affldav?t°of: refeiee. I. The referee’s report was not accompanied by the affidavit required by section 3100 of the Revision. This section prescribes that the referee shall make an affidavit for the faithful performance of his duties, which shall be returned with his report. Defendant moved to set aside this report, because no such affidavit was made or returned. Pending the…
2Cited by22 opinions
- Dodge v. DavisSupreme Court of Iowa · 1892
- Weare v. Van MeterSupreme Court of Iowa · 1875
- Todd v. StewartSupreme Court of Iowa · 1925
- Paul v. CragnazNevada Supreme Court · 1900
- Austin v. BarrettSupreme Court of Iowa · 1876
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