Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1853-07-20
Supreme Court Of IOwa--June
Term, 1853.
Present; Hon. JOSEPH WILLIAMS, Chief Justice,
a.. JOHN F. KINNEY,k Ird.oa
GEORGE GRRENE


The following is an abstract OF part Of the
decisions Of this court during the present term.
The remainder will be duly published.
Michael Hummer, Writ of Error to Lee
Is. county. Reversed.
The State of Iowa.)
Decided that person legally declared mo-
,as insane under the statute, and who,
at the time of the proceeding under our crimi. |
nal code, was, by virtue Of due process Of law
under the care of guardians as insane, could
not be convicted and punished upon charge |
of crime involving the subject matter Of his in |
sanity.
Elias Orion, Writ OF Error 10 Lee co:
u.s. Indictment for assault and
The State of Iowa> battery, dc. Affirmed
Decided, that in a criminal prosecution for
assault and battery with intent to commit
bodily injury, under the statute,
LIST Indentures OF apprenticeship, although
not under seal, are admissible as evidence to
justify the master Of the apprentice in resisting
an attempt by force. to abduct such apprentice,
the seal being referred to in the body OF the
instrument.
Cd. Where it is assigned as error that ir the
trial of the cause in the District Court, an at
torney at law aud not the Judge Of the district,
presided, this court will not reverse the judg.
rnent and Sc, aside the proceedings unless the
record shows afirmatiyely that such attorney
aud not the Judge did act as Judge in the case.
3d. On an indictment for an assault and bat
terry with intent to commit great bodily inju-
nv, and also for a common assault and battery,
the defendant may be convicted Of the assault
only.
Ferguson wrighta all Lee county, Chan
Benz G Messenger etal>
LIST. Decided that all persons interested in
the proceedings Of partition Of the half
lands of Lee county having had notice thereof,
the Judgment of partition therein is conclusive
evidence of title. If frauds were committed in
adjusting the titles to ihe land, it can only lie
charged in direct Pm sding to set aside the
Sudgment for that cause
ID Where tl,sysela'ion of trustee and cestui
qui trust existed between the persons interested
in that proceeding, it becomes the duty Of the
court to determine the relation and adjust the
rights of the parties. all parties interested
had their day in courts0 be presumed that
their rights were considered and adjuiicated.
G Hall,
D Ebersol l. Coy
Hall and Mills We're partners as practising
attornies Mills for an individual debt due from
him to G. gave note in the name of TIE firm.
Subsequently Hall presented an account of Hall
and Mills against G. and on settlement it was
found that there were two dollars and thirty
one cents due from G to Fl and NJ. G then pre-
sented the note against II and NJ, to which II
replied that "he knew nothing about it. but if
he had such note, he might keep the balance
due OH the account" The amount was accord
ingly endorsed upon the note. Held that this
was an assumption of the note.
Kinney, J T., took no part in this decision.
David s Bell,l Lee county. Appeal. Reversed.
ps Greene, j., dissenting.
Bell having mortgage regularly recorded.
upon which a decree Of foreclosure wasrsndeg;
ed, and sale Of the moregagea p1l
cd and made, sbut PHor tn -
delivery of the deed to Bell by D0sM,
Judgment for mevc anic's lien was was rendered
against the mortgager, and sale of the same pre-
misses to third person.
Held. lst' that the decree on the gage
operated as a Judgment lien upon the premises,
and being anterior in date had priority of the
Judgment for the mechanics lien
2nd. The proceedings of foreclosure. decree,
sac and sheriff IS return thereof. were sufficient
to charge subsequent purchasers with notice.
3D. That by the mortgage the legal title to
the estate after condition forfeited. was vested
in Bell the mortgagee. and could only be defea
ted by payment and redemption.
4,h. That the purchaser of the estate under
the mortgage could not be preudieeh in his
rights by the neglect or delay of the sheriff in
making the deed.
5th That the deed when made relates back
to the sale, and cuts off intermediate judgments
and purchasers.
9th That the deed to Bell made by the sheriff
by virtue Of the sale OH the decree of foreclo-
sure, having been recorded before the sale of
the premises on the judgment for the mechan.
les lien was notice to the purchaser under i.
Gilman and Loveland,) Lee county Appeal
Martin Huber ss Reversed
Decided, that IN an action by an indorser
against the maker of a promissory note, to
which the general issue was Pleaded, the maker
may show fraud in the tran sfer. to prove that
such tran ,fer was made to defeat the creditors
of the payec, and the payment Of the money
for which the note vas given by the payee, in
compliance with process of garnishment in at
tachment against the payee, is satisfaction
! of the Indebtedness thereon. it such payment
be made before the transfer, and even after, If
such transfer was made to defraud creditors.
B. Norton. Lee county. Appeal.
J. D Winscott
Decided, that in suit on note to recover
for services by a surgeon in setting dislocatcd
bone, the defendant may offset damages sus.
tanned by reason of the services being unskil
fully performed, and recover Judgment for
any balance found due.
Stewart Pitman, From Lee County.
Samuel T. Marshall)
A motion to set aside sale under execution
nearly eighteen months after the sale and after
the purchase money was paid and deed execu-
ted, is too Gate and should not be entertained
Michael Hummer, From Lee County.
VIM. Patterson etal
| n was declared a monomaniac and with