87 Iowa 72 | Iowa | 1893
The plaintiffs claim to be the owners of fonr judgments, rendered on different dates, and in favor of different persons, against the defendant D. Weaver; that executions have been issued on such judgments, which have been returned unsatisfied; that certain tax sale certificates claimed by the defendants F. L. Weaver and F. D. Weaver, and now in the pos-' session of the defendant Rhodes, treasurer of Jones county, and that certain money paid to the defendant Fakes, as auditor of Jones county, in redemption ■ from sales described in such certificates, are the property of D. Weaver; that certain real estate, the title to which appears to be in the defendants Nancy L. Weaver and F. L. Weaver, is in fact owned by D. Weaver; that all of said property is held by the defendants Nancy L. Weaver, who is the wife, and F. L. Weaver and F. D. Weaver, who are the sons of D. Weaver, fraudulently, and for the purpose of keeping it from the creditors of D. Weaver. The plaintiffs ask that it be subjected to the payment of these judgments. F. L. Weaver was not served with notice of the action, and did not appear. D. Weaver answered, admitting the judgments, but denying the claim of the plaintiffs as to his alleged ownership and concealment of property. Nancy L. Weaver and F. D. Weaver also answered, denying the fraud and ownership of property by D. Weaver alleged. The cause was tried on the merits, and a decree was rendered subjecting certain real estate, the certificates of tax sale, and money in the hands of the auditor to the payment of the judgments.
This cause has been twice submitted to this court.
In most equitable actions submitted for trial in
The appellees rely to some extent upon the cases of Arts v. Culbertson, 73 Iowa, 13; Kavaleir v. Machula, 77 Iowa, 121, 124. In those cases it was decided that the shorthand reporter’s translation of his notes must be certified and filed in the office of the clerk, in cases in equity, within six months from the date of the decree, in order to secure a trial de novo in this court; but they are not authorities for the claim which the appellees make that the exhibits identified in the translation must also be in the actual custody of the clerk within the same time, for the reason that such exhibits were filed, so far as they are required to be filed, when they are introduced in evidence, and thus placed within the control of the court. If they are afterwards withdrawn, the case is the same, in legal effect, as though the translation, having been duly filed, is afterwards temporarily withdrawn. It will not and can not be claimed that if that were done the translation would cease to be a part of the record. That which we have said of public records applies to private books and writings. What would be the rights and remedies of an appellant if a part of the. record of a case were not in the office of the clerk when he was required to certify it to this court is a question not involved in this case, excepting as to one book of account; and, as the absence of that book, conceding all which appellees