Farmer & Sons v. Sasseen
Supreme Court of Iowa
Appeal from KeoTeule District Qourt. In April, 1879, the plaintiffs recovered a judgment against the defendants. Execution thereon was issued, and thereunder the plaintiffs became the purchasers of certain real estate belonging to the defendants, and thereby their judgment was, satisfied of record in August, 1881. Thereafter one Sing-master commenced an action in the circuit.court, to correcta decree foreclosing a mortgage executed to him by the defendants, and a sale…
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Appeal from KeoTeule District Qourt. In April, 1879, the plaintiffs recovered a judgment against the defendants. Execution thereon was issued, and thereunder the plaintiffs became the purchasers of certain real estate belonging to the defendants, and thereby their judgment was, satisfied of record in August, 1881. Thereafter one Sing-master commenced an action in the circuit.court, to correcta decree foreclosing a mortgage executed to him by the defendants, and a sale thereunder, so that it would appear that he had, under his mortgage and sale, the prior lien on the real estate purchased by…
1Opinion of the CourtSeevers, J.
1. practice in supreme court: abstract not denied by amendment taken as true. I. Counsel for the appellees insist in argument that there was no bill of exceptions or certificate of the trial judge setting out the evidence introduced, and, therefore, we have nothing before us which can , be determined. ' The abstract states that it contains “all the pleadings, evidence and other proceedings in this cause.” There is no amended abstract denying this statement. The only denial is in the argument of counsel. In the absence of an amended abstract denying the statements contained in appellant’s…
2Cases cited1 opinion
- White v. SaverySupreme Court of Iowa · 1878
3Cited by6 opinions
- Knaak v. BrownNebraska Supreme Court · 1927
- McGillivary Bros. v. CaseSupreme Court of Iowa · 1898
- Billinghurst v. Spink CountySouth Dakota Supreme Court · 1894
- Aldrich v. PaineSupreme Court of Iowa · 1898
- Noyes v. LaneSouth Dakota Supreme Court · 1891
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