Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa

490.

Harshberger and Harshber-
ger, 506.

Bridges. Soper V. Henry
County, 269.

327, 328. Highway.

Fisher, 499.

Bennett v.

376. Bail bond forfeiture. Deca-
tur Co. v. Maxwell, 399.

646. Service. Brandt v. The Chi-
cago, R. I. & P. R. R. Co.,
116.

710.

Bridges. Soper v. Henry
County, 269.

Sec. 2495, 2496. Homestead. Orman V.
Orman, 362.

"2499. Husband and wife. Richmond
V. Tibbles and Husband,
477.

"2502-5-6-7. Husband and wife.
Richmond v. Tibbles and
Husband, 477.

"2513. Husband and wife. McKee v.

Reynolds, 583.

2532, 2537. Alimony.

Harshberger
v. Harshberger and Harsh-
berger, 505.

"2533. Divorce. McEwen v. McEwen,
376.

"2537. Divorce. McEwen v. McEwen,
376.

"2611, 2612. Appeal. Coffin v. City
Council of Davenport, 518.
"2667. Practice. Roberts v. Austin
Corbin & Co., 331.

"2740. Limitation, statute of. Stan-
ley v. Morse and Morse,
458.

"3742. Limitations, statute of. How-
ells v. Patton, 536.

"2757. Parties. Roberts v. Austin

Corbin & Co., 825.

Husband and wife. Rich-
mond v. Tibbles and Hus-
band, 477.

"2761.

Parties. Turner v. First Na-

Highway. Soper v. Henry
County, 269.

"2764.

tional Bank of Keokuk, 568.
Practice. Viele v. The Ger-
mania Ins. Co., 45.

Bridges. Soper v. Henry
County, 269.

The

66 891.

66 902.

Highway. Soper v. Henry
County, 269.

"1064. Corporation Municipal. Gray
v. The Iowa Land Co., 392.

"1448. Distress. Bearinger v. O'-

Hare, 261.

"1800. Bills and notes. Mt. Pleasant

"2764. Parties. Hosmer v. Burke,
356.

"2771. Parties. McDonald v.

Chicago and Northwestern
Railroad Co., 140.

"2771-2-3-4. Husband and wife. Rich-
mond v. Tibbles and Hus-
band, 477.

"2796.

Bail bond. Decatur County
v. Maxwell, 399.

"2800.

Venue. Swan v. Smith, 88.

"2802.

Branch St. Bank v. Mc-
Leran, 311.
"1826. Assignment for benefit of
creditors. Farwell & Co.
v. Howard & Co., 384.

"2193, 2195. Criminal law. The State
v. Johnson, 416.

"2215.

66 2200, Husband and wife. Richmond
v. Tibbles and Husband, 477.
Husband and wife. McKee
v. Reynolds, 585.
"2215. Husband and wife. Rich-
mond v. Tibbles and Hus-
band, 477.

"2255, 2256. Husband and wife. Mc-
Kee v. Reynolds, 585.

"2257. Husband and wife.

Alimony. Harshberger v.
Harshberger and Harshber-
ger, 505.

"2812. Original notice.

McEwen, 376.

McEwen v.

"2819. Proof of service. Brandt v.
The Chicago, Rock Island
and Peoria Railroad Co.,
116.

"2831. (Sub-division 8.) Alimony.
Harshberger v. Harshberger
and Harshberger, 506.
"2842. Lis pendens. Sowden & Co.
v. Craig, 162.

2842, 2843. Alimony. Harshberger
v. Harshberger and Harsh-
berger, 506.

66
Rich-
mond v. Tibbles and Hus-
band, 477.

"2295. Homestead.

06 2316, 2317. Will. Mc Cullum v. Mc-

Kenzie, 512.

"2328. Evidence. Stanley v. Morse

and Morse, 457.

"2329. Evidence. Stanley v. Morse

and Morse, 457.

"2336. Husband and wife. Richmond
v. Tibbles and Husband, 477.
"2412. Estoppel. Shawhan v. Long

490.

"2479. Husband and wife. Rich-
mond v. Tibbles and Hus-
band, 477.

"2844. Pleading. Turner v. First
National Bank of Keokuk,
566.

.4 2876. Demurrer. Miller v. Dawson

Turner v.

First National Bank of

& Conger, 187.

Keokuk, 566.

Orman V.

Demurrer. Singer v. Cavers,

179.

2880. Pleading. Shawhan v. Long,

"2880.

491.

Equitable defenses. Roberts
v. Austin Corbin & Co.,
327.

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Chap. 169. 7. Railroad. Hunt v. The | Chap. 139. §§ 3, 4, 5. Administrator.

Chicago & N.W. R. R. Co.,

Shawhan v. Long, 492.

LAWS OF 1868.

Criminal law. The State v.
Van Houton, 402.

Corporation municipal.
Gray v. The Iowa Land
Co., 392.

99. Corporation

SWAMP LANDS.

municipal.

Gray v. The Iowa Land
Co., 392.

1. COUNTY AGENTS: ACT OF 1862. While it is competent for the board
of supervisors of a county to employ an agent to do the home work
in the selection of swamp lands, such as procuring witnesses, taking
and preparing proofs showing the swampy character of the land,
and the like, it has no power, in view of chapter 160, acts of 1862,
to bind the county by the employment of an agent to attend upon
the federal departments for the purpose of securing the allowance
of the county's claim. Baker v. Washington County, 148.

2. The provisions of said chapter contemplate that this business at the
federal departments is to be transacted by State agents alone,
appointed as provided in said act. Id.

TAXES AND TAX SALE.

1. SCHOOL FUND MORTGAGE. The county authorities of a county can-
not, for the use of the school fund, buy in an outstanding tax title
for the purpose of defeating the lien of a mortgage held by a third
party, and which is prior to one existing on the same land, in favor
of the fund. Miller v. Gregg et al., 75.

2. WHEN A LIEN: WARRANTY DEED. Under chapter 10, acts of the
ninth general assembly, taxes for the current year are not, as
between the vendor and purchaser, a lien upon real estate sold
under contract made prior to the 1st of November of such year;
and the vendor is not liable upon the covenants of his deed for the
premises, executed after that time, but in pursuance of such con-
tract made before. Sackett v. Osborn et al., 146.

TENANCY IN COMMON.

1. OF A CHOSE IN ACTION: TROVER. The owner of a promissory note
may sell distinct shares thereof to different persons, who thus
become co-owners. The interest thus acquired by one co-owner is
such as to enable him to protect it by an action; and he may main-
tain trover if another co-owner be guilty of conversion. Conover v.
Earl, 167.

2. OF CHATTELS: CONVERSION. One part owner of a chattel is as much
entitled to the possession thereof as the other, and the refusal of one
to deliver possession of the chattel to the other, does not amount
to a conversion. Following Franz v. Young, 24 Iowa, 375. Id.
3. REMEDY. It seems that a co-owner of a promissory note might main-
tain an action for partition, or in equity, making the other part
owners and the debtor parties. Id.

VENDOR AND VENDEE.

1. CONTRACT: CONVEYANCE: MISTAKE. Where a vendee purchases a
tract of land at a certain price per acre, and receives a deed there-

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Reports of Cases in Law and Equity, Determined in the Supreme Court ..., Band 26