66 Iowa 522 | Iowa | 1885
I. The agreement to arbitrate, so far as material to the questions involved in this appeal, is as follows: “Whereas, differences have for a long time existed and are now existing between Eliza Foust and Levi Eoust, of Buchanan county, first parties, and D. C. Hastings, of same place, second party, and between each of said parties individually and the said second party, in relation to divers subjects of controversy and dispute growing out of business transactions between the said parties: now, therefore, we, the said Eliza Eoust and Levi Eoust, jointly and severally, first parties, and D. 0. Hastings, do mutually convenant and agree to and with each other that M. C. Wells and Eobert Sampson, of said county, — and if either or both of said arbitrators refuse to act, their place to be supplied by some person or persons agreed upon by us, — and a third person to be by the said arbitrators named, shall arbitrate, award, determine, order and adj udge of and concerning all and all manner of actions, causes aud causes of action, suits, controversies, claims and demands whatsoever, now pending and existing or held, by and between us, or either of us, the said parties; and we do mutually convenant and agree to and with each other that the said arbitrators shall have full power to examine witnesses or property; to hear and determine any and all questions in said controversy; that the parties may appear in person and by attorney; and that the award to be made by the said arbitrators shall in all things by us, and each of us, be well and faithfully kept; provided, however, that the said award be made in writing under the hands of the said arbitrators, within thirty days from date of final submission to them, and filed with the clerk of the district court of Buchanan county; and that such decision shall be final of all matters submitted^ without the right to appeal, or exceptions to the court by either party. * * *”
This agreement was signed by the parties and duly acknowledged. The parties appeared before the arbitrators in person and by counsel, and a full hearing was had, pleadings
On the twenty-fifth day of September, 1882, the arbitrators filed their award with the clerk. It was filed as in the district court. The award was as follows: “ We, the undersigned arbitrators, duly agreed upon by the parties to the above action, in accordance with the annexed agreement, after carefully examining the pleadings herein filed, and considering the evidence and arguments of counsel, make the following award in accordance with our findings, to-wit: We find that the defendant is indebted to the plaintiffs in the sum of five hundred dollars. We find that the personal property now in possession of plaintiffs, to-wit, (cows, mares, etc.,) is the property of plaintiffs, freed from the lien of the levy made thereon by the sheriff of Buchanan county, Iowa, under and by virtue of an execution in favor of H. P. Browne, cashier, for the use of C. Hastings. We therefore award the said plaintiffs a judgment against defendant for the said sum of five hundred dollars, together with the costs of this proceeding, taxed at - dollars, and for the aforesaid personal property, described as follows, to-wit, (property again described,) and that the money in the hands of E. W. Hastings, the receiptor of the propert}7 in controversy, arising from the sale of hogs and clo
“M. 0. "Wells.”
Affirmed.