Trescott v. Barnes
Supreme Court of Iowa
Appeal from Clapton District Cowrt. Action upon a promissory note. An answer and cross-petition was filed setting up tliat-the note was given with others for the purchase of a house and lot; that the title to be conveyed ivas to be free from incumbrance; that said property was incumbered, and defendants elected to rescind the contract, and asked that the notes be surrendered up for cancelation.
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Appeal from Clapton District Cowrt. Action upon a promissory note. An answer and cross-petition was filed setting up tliat-the note was given with others for the purchase of a house and lot; that the title to be conveyed ivas to be free from incumbrance; that said property was incumbered, and defendants elected to rescind the contract, and asked that the notes be surrendered up for cancelation. To this cross-petition there was an answer setting up that there was a mistake in the title bond, and asking that the same be reformed so as to except the said incumbrance from the stipulations of the…
1Opinion of the CourtRothrock, J.
l. practice: tnai de novo. I. An opinion was filed at .the October Term, 1876, at Davenport, reversing the decree and judgment *n this case- Within the proper time a petition for rehearing was filed. A reply was ordered which has been filed, and the cause has again been submitted.
Upon considering the arguments upon rehearing in connection with other cases determined since filing the former opin*645ion, we have arrived at a different conclusion from that first announced. We do not think the cause is triable anew in this court for the following reasons:
The record contains no motion for a trial upon…
2Cited by3 opinions
- Trescott v. BarnesSupreme Court of Iowa · 1879
- Vinsant v. VinsantSupreme Court of Iowa · 1877
- Berryhill v. SmithSupreme Court of Iowa · 1879