Bear v. Sullivan
Supreme Court of Iowa
Appeal fro-m Lee District Court. — W. S3. Hamilton, Judge. Action in equity, for the purpose of impressing a trust upon certain real estate, to establish a lien, and to foreclose the lien on the trust property for the purpose of discharging the lien thereon.
Read the full summary
Appeal fro-m Lee District Court. — W. S3. Hamilton, Judge. Action in equity, for the purpose of impressing a trust upon certain real estate, to establish a lien, and to foreclose the lien on the trust property for the purpose of discharging the lien thereon. After a full trial on the merits, the trial court held that the plaintiff had failed to show that he was entitled to any relief on the equitable issues, but gave judgment in his favor against Sullivan, for the amount of the note specified in the contract, and held that the property belonged to defendant Swan, free from any lien or claim…
1Opinion of the CourtPreston, J.
1' EnRopA b""t oí eviÍéncetion 1. The action is in equity, wherein issues of-fact were joined, and appellant is claiming a hearing do n™» and claims, too, that, even -though the evidence of three witnesses who testified on the trial was not properly preserved, the case may still he tried de novo because there was an agreed statement of facts as to a part of the issues. The motion to strike, -condensed as much as may bé, is: That, the evidence consisted of an agreed statement of facts, and the oral testimony of three witnesses, whose testimony was taken in shorthand by the reporter; that none…
2Cases cited3 opinions
- First National Bank v. Redhead, Norton, Lathrop & Co.Supreme Court of Iowa · 1897
- Co-Operative Bank v. MeldrumSupreme Court of Iowa · 1905
- Howerton v. AugustineSupreme Court of Iowa · 1911
3Cited by1 opinion
- Chariton & Lucas County National Bank v. TaylorSupreme Court of Iowa · 1932