Legal Opinion

Twogood & Elliott v. Reily

Supreme Court of Iowa

Decided June 8, 1878PublishedCited by 1 opinion

Appeal from Linn Circuit Cou/rt. This is an action in equity for the foreclosure of an alleged mortgage. The instrument claimed by plaintiff to be a mortgage was in the form of a warranty deed. Defendants claimed it was in fact a warranty deed, and conveyed the title. There was a decree for the defendants. Plaintiffs appeal.

1Opinion of the Court

Rothrock, Ch. J.

1. practice denovo. It appears from the abstract that the cause was tried in the court below by an examination of the witnesses in open court. It does noj; appear any motion was made at any time for a trial upon written evidence, nor that any order was made for the testimony to be taken down in writing on the trial, and made part of the record. We have repeatedly held that in order to entitle an appellant to a trial anew in this court the provisions of section 2742 of the Code must be complied with. It seems that the cause was tried as law *547actions are, by embodying the…

2Cases cited1 opinion

  1. Sherwood v. SherwoodSupreme Court of Iowa · 1876

3Cited by1 opinion

  1. Barnhart v. FarrSupreme Court of Iowa · 1880

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