Legal Opinion

Miller v. Wolf

Supreme Court of Iowa

Decided April 10, 1884PublishedCited by 20 opinions

Appeal from Appanoose District Court. Action in equity to quiet title to one hundred and twenty acres of land. The land was at one time owned by one Peter Miller, and both the plaintiff and the defendants claim under him. The plaintiff claims under him by deed executed September 20,1877. The defendants claim by an execution sale, made in October, 1880, upon a judgment against Peter Miller, the appellant’s grantor, and in favor of one Daniels.

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Appeal from Appanoose District Court. Action in equity to quiet title to one hundred and twenty acres of land. The land was at one time owned by one Peter Miller, and both the plaintiff and the defendants claim under him. The plaintiff claims under him by deed executed September 20,1877. The defendants claim by an execution sale, made in October, 1880, upon a judgment against Peter Miller, the appellant’s grantor, and in favor of one Daniels. The defendants base the superiority of their title upon the alleged fact that the conveyance from Peter Miller to the jdaintiff was made to defraud…

1Opinion of the CourtAdams, J.

This case comes to us for trial de novo, if at all. The defendants insist that it cannot be so tried. They contend, First, that the evidence is not properly certified, and, Second, that the abstract does not purport to be an abstract of all the evidence.

*2351. Appeal to Supreme Court: certifying evidence : “submitted” equivalent to “offered.’’ *234The objection to the certificate is that it does not purport to certify to all the evidence offered. It states that the cause *235was submitted upon tbe following testimony, “being all the evidence submitted in said cause.” Then follows a statement of the…

2Cases cited3 opinions

  1. Case v. PlatoSupreme Court of Iowa · 1880
  2. Watson v. PhelpsSupreme Court of Iowa · 1875
  3. Taylor & Co. v. KierSupreme Court of Iowa · 1880

3Cited by20 opinions

  1. Kennedy v. Citizens' National BankSupreme Court of Iowa · 1903
  2. Callanan v. VotrubaSupreme Court of Iowa · 1898
  3. Jones v. McClaughrySupreme Court of Iowa · 1915
  4. Peck v. HutchinsonSupreme Court of Iowa · 1893
  5. Sievertsen v. Paxton-Eckman Chemical Co.Supreme Court of Iowa · 1911

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