State v. Orwig
Supreme Court of Iowa
Appeal from Polio District Court. Equitable proceeding to enforce a trust growing out of tbe conveyance of certain lands by Orwig and wife to B. E. Allen, trustee, to secure plaintiff on account of tbe unlawful appropriation of defendant Orwig, of certain •moneys, tbe proceeds of certain swamp lands of tbe several counties for whose use tbis suit is brought, received by him while secretary of tbe governor.
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Appeal from Polio District Court. Equitable proceeding to enforce a trust growing out of tbe conveyance of certain lands by Orwig and wife to B. E. Allen, trustee, to secure plaintiff on account of tbe unlawful appropriation of defendant Orwig, of certain •moneys, tbe proceeds of certain swamp lands of tbe several counties for whose use tbis suit is brought, received by him while secretary of tbe governor. All parties holding incumbrances upon the lands conveyed by the trust-deed, and others, are made defendants, the object of the suit being to settle the rights and liabilities of all holding…
1Opinion of the Court
Beck, T.
This cause was before this court at the Tune Term, 1868, upon the appeal of defendant Orwig from an order of the District Court, referring the issues of law and fact. 24 Iowa, 102. The only question presented upon that appeal, and decided by the court, involved the right of the appellants to a trial by jury. It was determined that the case is one of purely equitable cognizance, and triable by the first method, as provided by the Bevision, section 2999; that is, according to the chancery practice. The judgment of the District Court was therefore affirmed.
l. Appeal : in practice. I.…
2Cases cited3 opinions
- Blake v. BlakeSupreme Court of Iowa · 1862
- Garner v. PomroySupreme Court of Iowa · 1860
- State v. OrwigSupreme Court of Iowa · 1867
3Cited by7 opinions
- Rasmussen v. RasmussenSupreme Court of Iowa · 1961
- Simpkins v. SimpkinsSupreme Court of Iowa · 1965
- Prescott v. BrooksNorth Dakota Supreme Court · 1902
- Lee v. YandellTexas Supreme Court · 1887
- Harrington v. FosterSupreme Court of Iowa · 1935
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