93 Iowa 736 | Iowa | 1895
In July, 1885, A. B. Dabney executed to George 0. Briggs a warranty deed for an eighty acre ■tract of land, situated in the sítate of Missouri. After-wards similar deeds for the land were executed by Briggs to 'Derrick Bennett, by Bennett to James W. Cokenower, by Cokenower to J. M. Clevinger, and in October, 1888, by Clevinger to the plaintiff. The consideration expressed in each of the first three deeds was
The record justifies the conclusion that Briggs had not offered all his testimony when he was stopped by the court, and, as the decision was based upon a single ground, — the alleged insufficiency of the evidence to excuse the default, — we need not consider any other, and do not determine whether Briggs has shown a defense to the action. Insurance Co. v. Rodecker, 47 Iowa, 164. Section 3154 of the Code gives to the District Court which has rendered a judgment power to vacate it after the term in which it was rendered, “for unavoidable casualty or misfortune preventing the party from prosecuting or defending.” All the proceedings to vacate a judgment on that ground are to be conducted, so far as is practicable, as though it were an original action, by ordinary proceedings, except that the defendant shall introduce no new cause, and the cause of the petition alone shall be tried. Code, section 3158. The proceeding is not triable de novo in this court. School Dist. v. Schreiner, 46 Iowa, 173.
The finding of the District Court that the evidence failed to show an excuse for the default is entitled to as