Legal Opinion

Clayton v. Sievertsen

Supreme Court of Iowa

Decided October 5, 1901PublishedCited by 16 opinions

Appeal from Pocahontas District Court.- — Hon. F. H. Helsell, Judge. The plaintiff sold certain land to Anna Sievertsen, who as a part of the purchase price, executed to him the notes and mortgage sued on. Afterwards the Sievertsens conveyed the land to Dennis, and also assigned to him any claim they had of damage because of an alleged shortage in the acreage when sold to them by plaintiff.

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Appeal from Pocahontas District Court.- — Hon. F. H. Helsell, Judge. The plaintiff sold certain land to Anna Sievertsen, who as a part of the purchase price, executed to him the notes and mortgage sued on. Afterwards the Sievertsens conveyed the land to Dennis, and also assigned to him any claim they had of damage because of an alleged shortage in the acreage when sold to them by plaintiff. In an answer and cross petition Dennis averred plaintiff received payment for 31 -acres more than he deeded to the Sievertsens, and prayed that it be treated as an offset on the notes as of their dates.…

1Opinion of the CourtLadd, J.

Jurisdictional facts, such as service of notice of appeal, must appear in the abstracts. Phillips v. Follet, 69 Iowa, 39; Baer v. Insurance Co., 86 Iowa, 752; Bowman v. Day, 86 Iowa, 746; Talbort v. Noble, 75 Iowa, 167. Their existence cannot be denied in argument. Anglo-Am. Agency v. Bush, 84 Iowa, 272. Nor can their omission be so supplied. “A part of several co-parties” in appealing “must serve notice of the appeal upon those not joining therein.” Section 4111, Code. This notice takes the place of the summons awarded on motion of the plaintiff in error at common law that other co-parties…

2Cases cited20 opinions

  1. Estis v. TrabueSupreme Court of the United States · 1888
  2. Hunderlock v. Dundee Mortgage & Trust Investment Co.Indiana Supreme Court · 1882
  3. Moore v. HeldSupreme Court of Iowa · 1887
  4. Hamilton v. BlairOregon Supreme Court · 1892
  5. Hunt v. HawleySupreme Court of Iowa · 1886

15 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Douglass ex rel. Osborne v. AgneSupreme Court of Iowa · 1904
  2. Talcott Bros. v. City of Des MoinesSupreme Court of Iowa · 1906
  3. Dillavou v. DillavouSupreme Court of Iowa · 1906
  4. Fairchild v. PlankSupreme Court of Iowa · 1920
  5. Oskaloosa Savings Bank v. MillerSupreme Court of Iowa · 1920

11 more not listed; retrieve them via the Exa API.

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