Hammersham v. Fairall
Supreme Court of Iowa
Appeal from Johnson District Court. Action in equity to enforce an alleged right of redemption ' from a sheriff’s sale, after the expiration of the statutory period of one year.
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Appeal from Johnson District Court. Action in equity to enforce an alleged right of redemption ' from a sheriff’s sale, after the expiration of the statutory period of one year. Certain equitable circumstances are set up in the petition, the purport of which are that plaintiff had the money and attempted to redeem within one year, but was prevented by reason of the failure of the clerk to find in his office any evidence of the sale or amount thereof, and because defendants refused to give her the necessary information to enable her to redeem, they having withheld the evidence of sale from the…
1Opinion of the Court
Seevers, Ch. J.
í. practice in CourtTtmi6 denovo. I. This being an equitable action triable de novo in this court, provided the record be properly presented the first question to be determined is, have we su°fi a record as will entitle appellants to trial anew? Counsel for the appellee make this point and insist no such trial can be had.
The abstract nowhere shows that any motion was made in the court below to have the cause fried on written evidence, or that any order to that effect was made, or that the judge certified the evidence. In fact, so far as appears by the record, there is an entire…
2Cited by4 opinions
- Vinsant v. VinsantSupreme Court of Iowa · 1877
- Cooper v. FrenchSupreme Court of Iowa · 1879
- Berryhill v. SmithSupreme Court of Iowa · 1879
- Lentzinger v. HersheySupreme Court of Iowa · 1878