Sexton v. Henderson
Supreme Court of Iowa
Appeal from, Warren Cvrcuit Cowt. Action in chancery. Upon a trial, on written evidence, the Circuit Court dismissed plaintiff’s petition and he appealed to this court, where the judgment of the court below was reversed. See 45 Iowa, 160. A procedendo, in the usual form, was issued in the cause by this court, and the case was put again upon the docket of the Circuit Court.
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Appeal from, Warren Cvrcuit Cowt. Action in chancery. Upon a trial, on written evidence, the Circuit Court dismissed plaintiff’s petition and he appealed to this court, where the judgment of the court below was reversed. See 45 Iowa, 160. A procedendo, in the usual form, was issued in the cause by this court, and the case was put again upon the docket of the Circuit Court. Defendant, after the cause was remanded, amended his answer, setting up a new defense, which plaintiff moved to strike from the files. The motion was overruled, and from this order plaintiff appeals. :
1Opinion of the CourtBeck, J.
i practicecasestamend mcnts. Plaintiff acquired a tax title upon lands of the estate of which defendants are the executors. The defendants .brought an action to quiet the title thereto in the estate, and a decree was finally entered granting the reiief sought. See Laverty et al. v. Sexton & Son, 41 Iowa, 435. Thereupon plaintiff brought this action in chancery to recover for taxes, interest and penalties paid in and after the acquisitionof his tax title. This cause was tried upon written testimony, and a decree entered dismissing plaintiff’s petition, from which he appealed to this court, and…
2Cases cited3 opinions
- Laverty v. Sexton & SonSupreme Court of Iowa · 1875
- Jones v. ClarkSupreme Court of Iowa · 1871
- Sexton v. HendersonSupreme Court of Iowa · 1876
3Cited by9 opinions
- State Ex Rel. United States Fidelity & Guaranty Co. v. District CourtMontana Supreme Court · 1926
- Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1908
- Ronna v. American State BankSupreme Court of Iowa · 1933
- In re Estate of CookSupreme Court of Iowa · 1909
- Matthews v. QuaintanceSupreme Court of Iowa · 1927
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