Austin v. Wilson
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. This is an appeal from an order sustaining a motion for judgment. The action was brought to recover possession of certain real estate. The defendants set up an equitable defense, averring that the defendant, S. O. Wilson, purchased the premises of the plaintiff and took a bond for a deed; that a portion of the purchase-money had been paid and the balance tendered. The plaintiff took issue upon the sufficiency of the tender.
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Appeal from Winneshiek Circuit Court. This is an appeal from an order sustaining a motion for judgment. The action was brought to recover possession of certain real estate. The defendants set up an equitable defense, averring that the defendant, S. O. Wilson, purchased the premises of the plaintiff and took a bond for a deed; that a portion of the purchase-money had been paid and the balance tendered. The plaintiff took issue upon the sufficiency of the tender. The court below held it to be sufficient and rendered a decree for the defendants. Upon appeal this court held the tender to be…
1Opinion of the Court
Adams, Ch. J.
x. practice : ease remandedforjudgment: motion for. I. It was held in Adams Co. v. B. & M. R. R. Co., 44 Iowa, 335, that the party that is successful in the appellate court, in an equitable action, is not necessarily entitled where the case is remanded to a judgment m the court below. The unsuccessful party may have a new trial upon a showing of newly discovered evidence, and possibly iqxon some other grounds. But where a case is tried de novo in this court and remanded for judgment without any other directions, judgment must be rendered as a matter of course, and upon motion,…
2Cases cited1 opinion
- Adams County v. B. & M. R. R.Supreme Court of Iowa · 1876
3Cited by4 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. HemenwaySupreme Court of Iowa · 1907
- Ronna v. American State BankSupreme Court of Iowa · 1933
- Pitkin v. PeetSupreme Court of Iowa · 1895
- Stitt v. SundermanSupreme Court of Iowa · 1957