Wertz v. Hale

This is the third appearance of this case in this court and the fourth opinion to be written therein. Wertz v. Hale, 202 Iowa 305; Wertz v. Hale, 206 Iowa 1018; Wertz v. Hale, 229 N. W. 215. A rehearing was granted and the opinion last written withdrawn upon the ground that it misinterpreted the record as stipulated by the parties upon the trial below. A jury was waived and the cause submitted to the court upon the pleadings and the stipulation of the facts, which, so far as material, is as follows:

“That one, E. C. Junger, was and is the holder of a judgment against the plaintiff, H. J.…