Ingle v. Culbertson
Supreme Court of Iowa
Appeal from Monona Circuit Cowrt. On tbe 17th day of July, A. D. 1873, the plaintiff filed in said circuit court a petition, stating his cause of action as follows: That he was the absolute owner of the real estate described in petition; that no one was in possession of the premises, and charging on information and belief that the defendant makes some claim thereunto adverse to plaintiff, and asking the establishment of his estate in the premises against such claim, and that…
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Appeal from Monona Circuit Cowrt. On tbe 17th day of July, A. D. 1873, the plaintiff filed in said circuit court a petition, stating his cause of action as follows: That he was the absolute owner of the real estate described in petition; that no one was in possession of the premises, and charging on information and belief that the defendant makes some claim thereunto adverse to plaintiff, and asking the establishment of his estate in the premises against such claim, and that defendant be forever barred and estopped from claiming any right or title to the premises adverse to that of plaintiff.…
1Opinion of the Court
Seevers, Ch. J.
1. EQUITABLE jurisdiction: trial de novo practice in the supreme court I. In considering the questions presented and discussed by counsel, we are met at the threshold with the objection that there can be no trial anew in this court, for the reason that this is an action at law to which defendant interposed a defense which formed an equitable issue that was properly heard and tried as such in the court below, and that the only questions this court can determine are those passed on below, which were duly and properly excepted to. As no exceptions were taken on the trial the…
2Cases cited4 opinions
- City of Lexington v. ButlerSupreme Court of the United States · 1872
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Cook & Sargent v. DillonSupreme Court of Iowa · 1859
- Moses v. Continental InsuranceSupreme Court of Iowa · 1875
3Cited by1 opinion
- Pierce v. GrimleyMichigan Supreme Court · 1889