Hotchkiss v. Cox
Supreme Court of Iowa
Appeal from Mahaska District Gov/rt. The plaintiff claims to be the owner of an undivided fourth of lots 7 and 8 in block 21 in the city of Oskaloosa. The title to the lots is in the defendant, Seth Cox. The plaintiff was formerly married to Amos Cox, now deceased, who was the son of Seth Cox. Amos Cox became the owner of an undivided half of the lots by exchange with his father, giving him other real estate therefor. He died intestate, without issue.
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Appeal from Mahaska District Gov/rt. The plaintiff claims to be the owner of an undivided fourth of lots 7 and 8 in block 21 in the city of Oskaloosa. The title to the lots is in the defendant, Seth Cox. The plaintiff was formerly married to Amos Cox, now deceased, who was the son of Seth Cox. Amos Cox became the owner of an undivided half of the lots by exchange with his father, giving him other real estate therefor. He died intestate, without issue. The plaintiff asks that the defendant, Seth Cox, be decreed to deed an undivided fourth of the lots to her. He claims that prior to the time of…
1Opinion of the Court
Adams, J., ^'enVaUdm par°i. No motion or order was made for the trial of the action upon written evidence. The action is not, therefore, triable de novo. It is true that the abstract shows that it was in fact tried upon written evidence, but we have held repeatedly that that is *656not sufficient to render the case triable de novo in this court. There is no assignment of errors, and, if there were, the finding of the court would have the force of a verdict of a jury. Upon looking into the evidence, however, it appears to us that the finding is fully sustained. The evidence shows that Amos Cox, at…
2Cases cited1 opinion
- Stinson v. RichardsonSupreme Court of Iowa · 1876
3Cited by8 opinions
- Fairall v. ArnoldSupreme Court of Iowa · 1939
- Richardson v. EstleSupreme Court of Iowa · 1932
- Griffey v. LubbenSupreme Court of Iowa · 1923
- Scott v. Mundy & ScottSupreme Court of Iowa · 1922
- Kerr v. YagerSupreme Court of Iowa · 1912
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