Bull v. Gilbert
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. J. H. Macombee, Judge. This is an action in equity to foreclose a mortgage upon two quarter sections of land in Carroll county. Two demurrers to the petition were filed, which were sustained by the court, and plaintiff appeals. The facts appear in the opinion.
1Opinion of the CourtRotheock, C. J.
I. The cause was not really disposed of on the demurrers, although the formal order of the court in disposing of them is in the nature of a ruling on the demurrers. After the petition and demurrers w.ere filed, and, for aught that appears, after the ruling thereon, the parties entered into a stipulation by which it was agreed that upon appeal to this court the cause should be tried “upon the facts admitted by the demurrers in said cause, and the facts and evidence attached to said petition, and covered by the stipulations heretofore filed, and the same shall be tried de novo in said court…
2Cases cited6 opinions
- Boyle v. MaroneySupreme Court of Iowa · 1887
- Savage v. ScottSupreme Court of Iowa · 1876
- Trulock v. BentleySupreme Court of Iowa · 1885
- Grove v. BenedictSupreme Court of Iowa · 1886
- Bolin v. FrancisSupreme Court of Iowa · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lucas v. PurdySupreme Court of Iowa · 1909
- Smith v. HuberSupreme Court of Iowa · 1938
- Lucas v. WhiteSupreme Court of Iowa · 1903