44 Iowa 462 | Iowa | 1876
The abstract nowhere shows that any motion was made in the court below to have the cause fried on written evidence, or that any order to that effect was made, or that the judge certified the evidence. In fact, so far as appears by the record, there is an entire absence of any of the'requirements of § 2742 of the Code. We do not hold that, in order to entitle an appellant to a trial anew in this court, the record should show affirmatively a literal.compliance with these provisions of the statute.
If it should appear that the order was made by the court, providing for a trial on written evidence, it would be a fair
It is not necessary to set out the facts found at length. It is sufficient to say that the land was found to be worth from $2,000 to $2,400, and was sold at sheriff’s sale for $749. The sale was made on the 7th day of February, 1873. The execution and return were kept in the office of the attorneys of the plaintiff in execution, and were not filed in the clerk’s office until the 7th day of January, 1874. The plaintiff is an ignorant woman,- and had to rely entirety on others for information as to the necessary steps to take to effect a redemption from the sheriff’s sale. In the first week in February, 1874, and before the 7th, the plaintiff" having made the necessary arrangements for procuring the money to effect the redemption, and the money being ready at her disposal, called on Schnabe for information. He referred her to Fairall & Bonorden whom he said had the papers. She employed an attorney who went to the clerk’s office, and with the assistance of the clerk made a search for the evidence of the sale and amount thereof, and neither the clerk or attorney could.find the execution, or return, or any evidence that a sale had actually been made, nor did the judgment docket show a return of the execution. Her attorney on the same day called on Bonorden, one of the defendants, for information and obtained none. While the plaintiff" was thus ready to redeem, and using reasonable efforts to ascertain the amount and time for redemption, the year expired. On the 21st day of February, 1874',
In conclusion, it may not be improper to say that we have each carefully read the evidence and the arguments of counsel, and if the case were before us for trial anew on the evidence here presented, we should concur with the court below and affirm the decree.
Affirmed.