Cornell v. Cornell
Supreme Court of Iowa
Appeal from Van Bw'en District Court: This is an action in equity by which it is sought to compel tlio defendant Iiannah Cornell to convey certain real estate to the plaintiff, upon the .alleged ground that he is the equn table owner thereof. There was a decree in the court below dividing the land between the said parties, and charging the. same with the payment of a certain sum of money to one Tames Ogle.
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Appeal from Van Bw'en District Court: This is an action in equity by which it is sought to compel tlio defendant Iiannah Cornell to convey certain real estate to the plaintiff, upon the .alleged ground that he is the equn table owner thereof. There was a decree in the court below dividing the land between the said parties, and charging the. same with the payment of a certain sum of money to one Tames Ogle. Said Ogle had before the commencement of this' action instituted a suit to recover an interest in said land, and the two actions were consolidated by an order of. the court. The cause was…
1Opinion of the CourtRothkook, J.
1. practice: eqíiTtaWe tirícato o£°er" evidence. I. Counsel for appellees makes the question that the plaintiff is not entitled to a trial de novo in this court. In this we think he is correct. The only-j apPe£d of which we have jurisdiction is that taken from the decree. The appeal from the order over- ■ ruling the motion for a new trial was not per'-: fected — no notice having been served upon the clerk of the District Court. The decree was filed November 7, 1878, and appeal taken March 9, 1879. August 18, 1879, Hon. E. L. Burton, judge, made his certificate to the evidence which was…
2Cases cited2 opinions
- Schmeltz v. SchmeltzSupreme Court of Iowa · 1879
- Gibbs v. BuckinghamSupreme Court of Iowa · 1878
3Cited by4 opinions
- Cross v. B. & S. W. R. Co.Supreme Court of Iowa · 1882
- Mitchell v. LaubSupreme Court of Iowa · 1882
- Andrew v. Farmers Trust & Savings BankSupreme Court of Iowa · 1928
- Argall v. PughSupreme Court of Iowa · 1881