82 Iowa 558 | Iowa | 1891
I. The appellants raised no objection as to the correctness of the ruling of the district court in
Section 2663, of tbe Code, is in tbe following language : .‘ ‘ When a defendant has a cause of action affecting tbe subject-matter of tbe action against a codefendant, or a person not a party to tbe fiction, be may, in tbe same action, file a cross-petition against the codefendant or other person. Tbe defendants thereto may be notified as in other cases, and the defense thereto shall be made in the time and manner prescribed in regard to tbe original petition, and with tbe same right of obtaining provisional remedies applicable to tbe case. Tbe prosecution of tbe cross-petition shall not delay tbe trial of tbe original action when a judgment can be rendered therein that will not prejudice tbe rights of tbe parties to tbe cross-petition.” It is very plain upon tbe statement of facts wbicb we have made that tbe defendant showed in bis answer that be bad a cause of action against tbe plaintiffs affecting tbe land in question, tbe real subject of tbe plaintiffs’ action. He shows that be bolds tbe fee-simple to tbe land, and that tbe plaintiffs set up an invalid claim of right,
II. Counsel for the plaintiff think that, as the plaintiffs were not notified as prescribed by the statute,
III. The answer of the defendant asks that it be taken as a cross-bill. The name given the pleading in
IY. Counsel for the plaintiffs claim that the defendant introduced no evidence to sustain his cross-bill. The original abstract, filed by plaintiffs, plainly shows to the contrary, and, if possible, it is still made more' plain by an amended abstract, • which specifies, without setting them out, the records in certain actions and certain deeds. It is certain that the defendant did introduce evidence in support of his cross-bill. What that evidence was the plaintiffs have not attempted to show by their abstract or otherwise. We cannot, therefore, review the decree of the court below. Being a chancery case it is triable here de novo / but, could it be reviewed upon errors, we cannot consider the evidence, for it is not brought before us to determine whether its sufficiency supports the decree of the district court.
No other questions demand consideration in the case. The decree of the district court is ajfj’ibmed.