Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1854-02-08

rA.,n $1,000. a., ,,...n.
~ .ha,1d -. ...r, ~. .nsc;6. e,nds .r;s;,o
from the cond;,ior.a as,oel ,or the nerrorm,, s ce
ofthe special conditions II was only neces
sary Tor the company % expend the amount 10
the way required and not necessary 10 ex-
pend the idcnticsl money received on eondi
'ionai stock in that way.
\. .. Whipplc, Appeal from Louisa u
Chs. n ahho.
! w.. t.a -. ..r.
..,a a...u ,h;ra
-. -. -,
when n,e,..,eJ and ..;, - !. .her oo...,...
ooa .r.;.... ..l...'---.~.s.a .s.asssie order, without
lAsasy dehand upon him. OF notice Of non accep-
tance and non payments u was held, that, the
order not specifying aeeme 81 payment. = De.
mand for The trese - ~ nseker of tAs ~
DEF W 9eecseSsl {sne osdcr could g
les; n ROCERIE 80
~. " mcnt, sucbv-ss weey< {essss
SO yea. toos'"i'" see''o" ''so' 'ne co"e' "".
@-''sthe TACT OF Presentat'o" 70 oue dra~ee' a"u
areiusai oy h'", 10 pay u'i "''"eP.''e '"'
"Aker o' 'ne olue' VI MS .'s"s p"s :"
until de'na"a uPo"' a"o 'e''Sa' W pe''o'"
by him.
lho~as L. Nooer'S' aPPeu'nas;on n;DoJ Tvs N''"''
Dani., McM,ban.
~. a.c,,,.n,. :, or-o, ho;,c ,be ov,er of
Iot a6t 4, ,bs c;,v of Bu,liuy,on and two iudv.
n,e,,s having been rendered against him. he
entcrc,, into nm agreement with the plaintiff in
| .,
ce,, monev IN nav of The ;udomcnts and take
tho ;,dome,t lila 10 the lot .s sccpr,v for
The monev advanced. and twenty five per cen,
;n,eres, thereon Ue was a,so 70 have imme.
d;,,o ,oss.ss,on If IN. rro,sr,v and receive
~. 49,. ..a n-os,, rho n,o,,.r,v IVA. ofrsr
cd ., sh.rif,s sale. IN con.;5e,,iion Of the
agreement the creditors Of McMahan were in.
duced not to bid against Roberts. and the lot
was bid on BY Roberts. After receiving the
sheriH's deed, Roberts refused TO pay one OF
the judgments. and to execute wrltingsto Nc
Mahan to deed him the lot on his payment o'
the money advanced and the stipulated inter
est. The rents and prohts OF the property 70
celved oy him ,amoun'ed to more Than the mon
ey advanced In ihe purchase OF the lot. Upon
this state of facts, 1t was heid that the sheriff
Decd under the agreement. amounted to moth
ing more thah mortgage ana hooerts stood
in the position OF mortgage or trustee Of Nc
hahan.
=. ih"' TUG 'eiusa' VI "ooei'S W pay v" o"'
legation 10 re. deed ,he los asreeaoiy 10 con
tract, ana MS avowed determination 10 conver
that into an absolute saie' which was lnten
ded oy the parties 70 DC nothing more 'nan
act, which in equity justified ,he admissio,
of oral evidence. and rendered il necessary I,
show the true state OF The Transaction.
L. d Stockton, Appeal from Des Moine
w. 20. Amrmed.
:.
W." ' .o'"e.u s''' "s"."'' 'o"" ..'
1'o' a"'' -, anu sa"'e'ee' ~. Wv
o" a., =. ' a"'",''u ,""' :. :"
remoy;no old Grave va,s McCrarv moved N,
court below to order the money due from th'
City, TO be PAID over TO HIM, on The groun'
that II was due Tor personal services rendered
WITHIN ninety DAYS next preceding the notice
garhishmeht; ana that nc peihg the head oi
T family 'theIsame was exempt from execution
and garnishment. which motion the court sus
tanned. and the garnlshee was discharged.
Held, That the Judgment Of The court below
was correct.
2 That where the bill OF exceptions doe
not purport to give all the evidence offered il
the court below, this court must presume tina
the facts were suf'ic'ently proven III that cour'
. Rryan. Appeal from Jones 70.
r. Hills. ''
, Held. That when a School Fund Commis
: p-'
'' '.e u p'''' ~" '"' ''"''' '"0
WIZ " "".'' - n0 p'"p'' ''"'''
''"pe, pe''o'na".e u Inc o"!.
n"'e'e'S ''''"s "eo'u'""s "a' "s"
80 ,po" .D"p''s '"' ''"
anu se"e'a' 'u'i"s " '"e 'ou''
Thomas N. Johnson, Appeal from Henry C'
o. A'nf'nea.
VII. ,.;,. u u,.,.a ., ut;,, ,,.,
, aaI,r. - .,,.;s. I - :,
purchaser never obtained. hey being in posse
. sion u 'hiro person. VINO re'usea 10 iet u
purchaser nave them; ana the purchaser cha
ged the seller with the value o' the ral's In ~
account book, 1t was heid, that the charge 4