Docterman v. Webster
Supreme Court of Iowa
Appeal from Henry District Court. On the 13th day of October, 1856, plaintiff sold to defendant one hundred acres of land, for the sum of two thousand dollars, nine hundred of which was paid down, and eleven hundred was to be secured by mortgage on the premises sold.
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Appeal from Henry District Court. On the 13th day of October, 1856, plaintiff sold to defendant one hundred acres of land, for the sum of two thousand dollars, nine hundred of which was paid down, and eleven hundred was to be secured by mortgage on the premises sold. In conveying to the defendant the land sold, and taking back from him a mortgage to secure the unpaid purchase-money, there was included in both instru merits, by the mistake of tbe scrivener drawing the same, one hundred and forty acres of land in addition to the one hundred acres sold, which did not belong to the plaintiff, and…
1Opinion of the CourtLowe, J.
Tbe case presented is tbe foreclosure of a mortgage. In such, a case the second method of trying equitable issues obtains, as will appear from sections 2999 and 8000 of tbe Revision. Tbis involves a trial after the manner of ordinary proceedings, both in tbe District Court and in tbis Court. We do not try such a case here anew, or upon its merits, but upon legal errors duly assigned and presented as in cases at law. Tbe one before us presents no questions of tbis kind for our consideration. Tbe case was tried by tbe Court, who did not find and enter of record tbe ultimate facts in tbe case,…
2Cited by1 opinion
- Dumont v. BarrallSupreme Court of Iowa · 1865