40 Iowa 625 | Iowa | 1875
I. This action, was before this court at a former term upon a demurrer to the petition. See Fisher et al. v. Beard, 32 Iowa, 346, where a full statement of the grounds of the action and 'the averments of the petition are set forth. It is not necessary to repeat them here.
The evidence satisfactorily establishes the facts averred, so far as to show that, in the original or first plat of Pella, the
II. The defendant by answer sets up a. former adjudication of the matters in controversy in this action, in and by a cause'
. III. Tbe statute of limitations was .also interposed by tbe defendant. Rut, since tbe proof shows that this action was
IY. A preliminary inj unction was granted ex parte, upon tbe filing of tbe petition in -the case. Afterwards, upon a
AFFIRMED.