25 Iowa 35 | Iowa | 1868
Upon the hearing before the referee, as stated in the report, “the defendants waive the introduction of the oi’iginal exhibits of deeds attached to the original in this cause filed. Plaintiffs offer said exhibition etd- -•'# ssal.^_ of the'firm? dence.” The referee made the report for the of the cause as to Samuel H. Watson and Pat|jL^.^. Clayton, upon the assumption that there was no that Samuel H. Watson was a member Douglas & Watson, or that there was any evidence' ofUié conveyance of the tax-title to the property in controversy to them. The first of these assumptions is grounded upon the idea that the plaintiffs’ allegation that Samuel H. Watson was a member of the firm of Douglas & Watson being controverted by the general denial of defendants’ answer, and the like allegation in defendants’ answer being controverted by the plaintiffs’ general reply in denial, the fact could not be found without proof. And the second is grounded upon the idea that the exhibits showing the tax-title to be in Samuel H. Watson and Patrick M. Clayton were annexed to the amended petition and not “ to the original petition in this cause filed,” as stated by the referee in his report.
Both of these assumptions rest upon a too narrow and technical construction of the pleadings and evidence as offered, to be sustained under our practice. It was error to dismiss the cause as to said defendants Watson and Clayton.
Reversed.