Altman & Co. v. Farrington
Supreme Court of Iowa
Appeal from Cedar District Court. Action to recover certain real estate. The plaintiff’s title is based on the foreclosure of a mortgage and a sheriff’s deed, made in pursuance of a sale under said foreclosure proceedings. - The defendant’s title is based on a sale for taxes, and a deed made -in pursuance thereof. The petition alleged that the tax title under which the defendants claim one-half of the land in controversy was void for the reason that the taxes had been paid.
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Appeal from Cedar District Court. Action to recover certain real estate. The plaintiff’s title is based on the foreclosure of a mortgage and a sheriff’s deed, made in pursuance of a sale under said foreclosure proceedings. - The defendant’s title is based on a sale for taxes, and a deed made -in pursuance thereof. The petition alleged that the tax title under which the defendants claim one-half of the land in controversy was void for the reason that the taxes had been paid. The plaintiffs also sought'to foreclose a mortgage as to the other half of the'land, said mortgage having been executed…
1Opinion of the CourtServers, J.
i practice in urtl'ptriaie de novo. No motion was made in. the court below to try this case on written evidence, nor is the evidence certified the judge of the District Court, and the appelco^-ee insists that there cannot be a trial de novo in this court, under sections 2741, 2742, of the Code. In this view we concur. Moses v. Continental Ins. Co., 40 Iowa, 441. Such being true the only question before us must arise on the legal errors duly excepted to in the court below, and assigned as error here. The only error assigned is that “ the 'court erred in entering judgment for plaintiffs, said…
2Cases cited1 opinion
- Moses v. Continental InsuranceSupreme Court of Iowa · 1875
3Cited by1 opinion
- Calkins v. AlleySupreme Court of Iowa · 1921