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affidavit affirmed alleged amount answer Appeal from circuit appellee assignment attorney authority cause of action charge circuit court claim Code complaint contract conveyance conveyed counsel court of equity Court of Iowa creditors damages decree deed defendant defendant's demurrer district court entered entitled equity evidence executed fact fendant filed foreclosure fraud fraudulent Gage county garnishee held injury instruction interest issue judge judgment jurisdiction jury justice land lease levy lien lots March March 16 mechanic's lien ment mortgage motion N. W. Rep Nebraska negligence notice objection overruled owner paid parties payment person petition plaintiff in error pleadings Polk county possession premises proceedings promissory note purchase question real estate reason record recover rendered rule sold statute sufficient Supreme Court sustained testified testimony therein thereof tion trial usury verdict void witness
Page 582 - ... and effects remaining in his hands, or due from him on such settlement, to the person who is lawfully entitled thereto.
Page 81 - ... in every case of a concealed fraud the right of any person to bring a suit in equity for the recovery of any land or rent of which he or any person through whom he claims may have been deprived by such fraud shall be deemed to have first accrued at and not before the time at which such fraud shall or with reasonable diligence might have been first known or discovered...
Page 43 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction or transactions connected with the same subject of action ; 2.
Page 553 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Page 454 - The title of the action, the name of the court and county in which the action is brought, and the names of the parties to the action; 2.
Page 309 - In actions •which relate to, or the subject of which is, real or personal property in this state, •where any defendant has or claims a lien or interest, actual or contingent therein, or the relief demanded consists wholly or partially in excluding him from any interest therein, and such defendant is a non-resident of the state or a foreign corporation.
Page 577 - Within five years, an action upon a specialty, or any agreement, contract or promise in writing, or foreign judgment.
Page 70 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 58 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 353 - An intervention takes place -when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court...