Pearson v. Minturn
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Action for the recovery of real property. Defense, homestead right paramount to plaintiff’s title.
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Appeal from Pottawattamie District Court. Action for the recovery of real property. Defense, homestead right paramount to plaintiff’s title. Trial to the court, and findings of fact, in substance, that on the 16th day of June, 1856, defendant executed his note to plaintiff, upon which suit was brought in Pottawattamie ■county, where the land in controversy is situated, on the .28th day of June, 1859, and on the 18th day of February, 1861, obtained judgment thereon for the sum of $1,922.61. Execution was issued on said judgment, the land in controversy levied on and sold to plaintiff for…
1Opinion of the CourtCole, J.
1. New trial: finding of facts. I. The appellant’s counsel assigns as the first error that the court erred in its finding of facts. A find-ing of facts by the court is regarded in the same light by an appellate tribunal as the verdict of a jury, and will only be disturbed where it is clearly and palpably against the weight of evidence. We do not think the finding in this ease is so clearly against the weight of evidence on any point as to justify us in disturbing it.
The particular fact found, of which appellant’s counsel complains, is that the defendant bought the property in controversy in…
2Cited by15 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- In Re StreeperUnited States Bankruptcy Court, N.D. Iowa · 1993
- Benham v. Chamberlain & Co.Supreme Court of Iowa · 1874
- Vittengl v. VittenglSupreme Court of Iowa · 1912
- Elston v. RobinsonSupreme Court of Iowa · 1866
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