Ayres v. Campbell
Supreme Court of Iowa
Appeal from the Pol!c District Court. • This suit was brought to recover the rents and .profits of certain real estate described in the petition.
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Appeal from the Pol!c District Court. • This suit was brought to recover the rents and .profits of certain real estate described in the petition. The defence set up was substantially as follows: That one Joseph Crews-purchased the said lot of the board of commissioners of Polk county, about the 17th of February, 1847, for about forty dollars, one-sixth of which sum he then paid down, and was to pay the balance in three equal installments of six, twelve and eighteen months; that the said board executed to him a bond, conditioned to make, him a deed to said lot upon final payment being made…
1Opinion of the Court
Isbell, J.(1)
-The questions attempted to be raised on tbe instructions of'the court in tbis case, we cannot consider,, for tbe reason tbat tbe record does not disclose what of tbe instructions were given, or what refused, or whether all were given or all refused.
Tbe only substantial question for our consideration, is, does tbe record disclose such an interest in Joseph Crews, as to disqualify him as a witness for tbe defendants ? Tbe action is brought to recover tbe rents and profits arising *215from lot 2, in block 36, in Port Des Moines, which the plaintiff alleges has been, from the 7th day of…
2Cited by2 opinions
- Adair v. McElreathSupreme Court of Georgia · 1928
- Ayres v. CampbellSupreme Court of Iowa · 1856