47 Iowa 504 | Iowa | 1877
Again: The plaintiffs do not show, in their petition, that they made any such answer in the action of forcible entry and
There is no averment that that defense, or any other, was made. ■ The appellants in their argument say that the first time that the appellees claiméd that their lease ran to September 1, 1876, was 'upon the hearing of the motion to dissolve the injunction in this action. In the absence of any avér'ment that such claim was made earlier we must presume that it was not. The presumption is in favor of the correctness of 'the judgment of the justice. Presuming, then, that the appellees had no good defense except the one now mentioned in their petition, and that they failed to set up that defense in the action of forcible entry and detainer, a court of equity cannot relieve them.
Reykr sed .