Richards v. Hintrager
Supreme Court of Iowa
Appeal from Dubuque District Court. This is an equitable proceeding in which tbe plaintiffs seek to set aside a certain tax sale of tbeir real property, and to bave tbe deeds made in pursuance of snob sale declared void, because of tbe existence of certain matters stated in tbe petition. Tbe answer admitted certain allegations in tbe petition, denied others, and alleged certain facts in avoidance of others.
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Appeal from Dubuque District Court. This is an equitable proceeding in which tbe plaintiffs seek to set aside a certain tax sale of tbeir real property, and to bave tbe deeds made in pursuance of snob sale declared void, because of tbe existence of certain matters stated in tbe petition. Tbe answer admitted certain allegations in tbe petition, denied others, and alleged certain facts in avoidance of others. Tbe District Court found for tbe plaintiffs and rendered judgment accordingly. Defendant appeals.
1Opinion of the Court
Seevers, Ch. J.
i practice in comt'Tiiafde nbv°. I. It is apparent from tbe abstract that this cause was tried below upon oral testimony taken in open C011rt as contemplated in § 2741 of tbe Code. No was made, as provided in § 2742 of tbe Code, for a trial upon written evidence. Nor does it appear that tbe evidence was written down by the order or direction of tbe judge. Tbe abstract, however, purports to set out all tbe evidence, and at tbe conclusion thereof states: *254“This being all the evidence, the court on the 14th day of August, 1875, rendered the decree.”
The appellee insists that under…
2Cases cited2 opinions
- Sherwood v. SherwoodSupreme Court of Iowa · 1876
- Dean v. White & HaightSupreme Court of Iowa · 1857
3Cited by9 opinions
- Home Savings Bank v. MorrisSupreme Court of Iowa · 1909
- Cross v. B. & S. W. R. Co.Supreme Court of Iowa · 1879
- Barnes v. Century Savings BankSupreme Court of Iowa · 1910
- Estate of Culver v. MorrowSupreme Court of Iowa · 1911
- Finch v. HollingerSupreme Court of Iowa · 1877
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