Hall v. Harris
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Action in chancery to set aside a deed on the ground that it was made to defraud the creditors of the grantor, to enforce a vendor’s lien against the land described in the deed, and to enjoin defendants from conveying and incumbering the premises. There was a decree dismissing plaintiff’s petition, from which he appeals.
1Opinion of the CourtBeck, J.
— I. The abstract nowhere alleges that it contains *501all the evidence offered and admitted in the court below. But the certificate of the judge trying the cause, which appears to have been attached to the evidence in the court below, stating that “the foregoing report contains all the evidence,” etc., is printed at the end of the abstract. There is no averment, that all the evidence found in this “report” is contained in the abstract. The defendants insist that the cause cannot be tried de novo, and that the decree of the court below must be affirmed.
in supreme court: trial ílencTnotcer" tmed.…
2Cases cited2 opinions
- Starr v. City of BurlingtonSupreme Court of Iowa · 1876
- Overholt v. EsmaySupreme Court of Iowa · 1880
3Cited by2 opinions
- Shattuck v. Burlington InsuranceSupreme Court of Iowa · 1889
- Putnam v. SwinneySupreme Court of Iowa · 1884