Lynch v. Lynch
Supreme Court of Iowa
Appeal from, Linn District Court. Thomas Lynch, the father, commenced this proceeding in equity, to set aside a deed made to the defendant, his son, alleging that it was obtained by fraud, upon an agreement to reconvey, etc. The making of the deed is admitted in the answer, and every other material allegation denied. The parties, by written agreement, tried the case, by the second method of trying equitable actions.
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Appeal from, Linn District Court. Thomas Lynch, the father, commenced this proceeding in equity, to set aside a deed made to the defendant, his son, alleging that it was obtained by fraud, upon an agreement to reconvey, etc. The making of the deed is admitted in the answer, and every other material allegation denied. The parties, by written agreement, tried the case, by the second method of trying equitable actions. It was submitted to a jury; verdict for defendant, and plaintiff appeals.
1Opinion of the CourtWright, J.
Appellant maintains that the case is to be heard de novo in this court, precisely as though it had been tried according to the first method of trying equitable issues; that the calling of the jury was merely to inform the conscience of the chancellor, etc. The law is otherwise, however; for the statute expressly declares that in cases tried by “ the second method,” the Supreme Court “ on appeal shall try only legal errors, as in a ease by ordinary proceedings.” § 2999, cl. 3. It is thus written, and from this declaration there is no escape. It makes no difference, that in,the absence of *327agreem…
2Cases cited1 opinion
- Krapfel v. PfiffnerSupreme Court of Iowa · 1867
3Cited by2 opinions
- Jones v. ClarkSupreme Court of Iowa · 1873
- Schmeltz v. SchmeltzSupreme Court of Iowa · 1879