Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volume 15 (Google eBook)
Iowa. Supreme Court, William Penn Clarke, Thomas Foster Withrow, Edward Holcomb Stiles, Ezra Christian Ebersole, John S. Runnells, B. W. Hight
E. W. Stephens, 1864 - Law reports, digests, etc
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12 Iowa action Affirmed agreement alleged amount answer Appeal appellee assigned averment bill bond cause cited claim Company complainant Constitution constructive notice contract conveyance conveyed counsel court of equity creditors Davenport debt decree deed deed of trust defendant delivery demurrer District Court Dubuque election entitled equity error estoppel evidence execution facts filed foreclosure fraud fraudulent garnishee granted ground held indorser instructions judgment jury Keokuk Krum land Legislature levy liable lien mechanic's lien ment mortgage mortgagor motion notice objection October 16 opinion overruled paid party payee payment person petition plaintiff pleadings possession proceeding promissory note provisions purchase question real estate record recover referred replevin residence respondent Revision of 1860 rule secure Smith sold statute statute of frauds subsequent sufficient suit Supreme Court surety sustained testimony thereof tion trial trust usury valid verdict vote witness
Page 36 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 311 - Every white male citizen of the United States, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county, township, or ward, in which he resides, such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elections.
Page 136 - The legislature shall not pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or depriving a party of any remedy for enforcing a contract which existed when the contract was made.
Page 131 - Whatever belongs merely to the remedy may be altered according to the will of the State, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.
Page 566 - As a general rule, a party will be concluded from denying his own acts or admissions, which were expressly designed to influence the conduct of another, and did so influence it, and when such denial will operate to the injury of the latter.
Page 312 - In a strict and legal seN.se that is properly the domicil of a person where he has his true, fixed, permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus rercrtcndi) .u [Italics supplied.] Mr.
Page 243 - Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens.
Page 136 - It is within the undoubted power of State legislatures to pass recording acts, by which the elder grantee shall be postponed to a younger if the prior deed is not recorded within the limited time; and the power is the same, whether the deed is dated before or after the passage of the recording act.
Page 135 - It is difficult, perhaps, to draw a line that would be applicable in all cases between legitimate alterations of the remedy and provisions which, in the form of remedy, impair the right. But it is manifest that the obligation of the contract, and the rights of a party under it, may, in effect, be destroyed by denying a remedy altogether ; or may be seriously impaired by burdening the proceedings with new conditions and restrictions, so as to make the remedy hardly worth pursuing.
Page 314 - State one year, and in the election district where he offers to vote, ten days immediately preceding such election, and within two years paid a State or county tax, which shall have been assessed at least ten days before the election, shall enjoy the rights of an elector.