14. Bernard & Co. v. Douglas & Watson, cited with Edgar v. Greer, infra. 15. Berry, Assignee v. Hayden, 7 Iowa 496; Meeker v. Saunders, 6 Ib. 461. An assignee is under the direction of the District Court. Cited. Wooster, Templin & Co. v. Stanfield & Brobst and French, 132.

16. Billingham v. Bryan, cited with Peddicord & Wyman v. Whittam infra.

17. Blair & Co. v. Marsh, et al, 8 Iowa 144; cited and followed. Mullen v. Bloomer, 366; also in Hartman v. Clarke, 512.

18. Blake v. Blake, cited with Linder v. Lake, infra.

19. Bosworth v. Farenholz, 3 Iowa 85; as to a defective description in a conveyance, cited, Boyd v. Ellis, 101.

20. Bowen v. Gilkison, cited with Sackett, Belcher & Co. v. Partridge, infra.

21. Bowman v. Torr, 3 Iowa 571, and Hall v. Hunter, 4 G. Greene 539. That a judgment against the weight of evidence must be made clearly manifest to warrant a reversal in the Supreme Court. Bellamy, Bradley & Me Makin v. Doud, 285.

22. Brainard v. Holsaple, cited with Woods v. Morgan, infra.

23. Bradford v. Limpus, 10 Iowa 35; as to the construction of a contract, re-affirmed. Bradford v. Limpus, 261.

24. Brady v. Malone, cited with Widner v. Hunt, infra.

25. Brink v. Morton, cited with Woods v. Morgan, infra; as to issues made up and sent to a jury by a chancellor. See Chamberlain, et al. v. Juppiers et al., 515.

26. Brobst v. Thompson, cited with Curtis v. Scoles, infra.

27. Broghill v. Lash 3 G. Greene 357; Byington v. Crosthwait, 1 Iowa 148; McGahen v. Carr, 6 Ib. 331; Carr v. Kopp, 3 Ib. 80, Woodward v. Whitescarver, 6 Ib. 1; as to service of notice; cited and followed. Mc Craney, Administratrix, v. Childs et al., 54; Wheeler v. Edinger, et al.,

410.

28. Bunn v. Pritchard, cited with Harkins v. Edwards & Turner, infra. Also, in J. L. Langworthy & Bro. v. Waters, Hughes & Co., 433.

29. Burrows v. Lehndorf, cited with Sackett, Belcher & Co. v. Patridge, infra. Also, as to assignments, cited with Petriken v. Davis, Morris 206; Bebb v. Preston, 1 Iowa 460; Johnson v. McGrew, et al., 152. 30. Burlington & Missouri River Railroad Company v. Morehead, cited. The Canal Bank of Cleveland v. Newberry, infra.

31. Byington v. Bookwalter, 7 Iowa 5 2, cited and held inapplicable to the case at bar. Byington v. Walsh et al, 28.

32. Byington v. Crosthwait, 1 Iowa 149, cited with Broghill v. Lash, supra.

33. Carr & Kopp, cited with Broghill v. Lash, supra.

34. Carson v. McFadden, cited with McKinlay v. Administrator of McGregor, infra.

35. Cavender v. The Heirs of Smith, 1 Iowa 306, as to inadequacy of price. Cited and followed. Singleton v. Scott, 589.

36. Center v. Spring, 2 Iowa 393, and Packet v. Livermore, 5 Ib. 277; as to malicious prosecution, cited. Ritchey v. Davis, 128. 37. Chambers v. Lathrop, Mor. 102, and Sample v. Griffith, 5 Iowa 376. When a demurrer applies to an entire pleading, one count or plea of which is good, it should be overruled. Cited and followed. Darr v. Lilley, 6.

38. Childs, Sanford & Co. v. John Hyde & Co., 10 Iowa 294; Wapello County v. Bigham, Administrator, Ib. 39; Frink & Co. v. Taylor's Administratrix, 4 G. Greene, 196. The administrators of a joint and several maker of a promissory note can not be joined with the surviving maker as defendants in an action thereon. Robt. E. Pecker & Co. v. Cannon and Scott's Administrators, 21; Williams v. Scott's Administrators, and Marsh v. Goodrell and Scott's Administrators, 475.

39. Cheever v. Lane, 9 Iowa 193, cited and followed, with Churchill et al v. Fulliam; Holmes & Avery v. Budd et al, 188.

40. Chittenden & Co. v. Hobbs et al, cited with Davis v. Burt, infra. 41. Churchill et al v. Fulliam, cited with Sackett, Belcher & Co. v. Patridge, infra. Also in Holmes & Avery v. Budd et al, 188.

42. Clarke v. McLaughlin, cited with Woods v. Morgan, infra.

43. Cole v. Swan, cited with Davis v. Fish, infra.

44. Cook, Sargeant & Cook v. Sypher, 3 Iowa 484, as to affidavits of jurors, cited. Stewart v. The Burlington & Missouri River Railroad Company, 65. Also cited with Ruble v. McDonald, infra.

45. Cook & Owsley v. Walters, 4 Iowa 72; Loeber v. Delahaye & Co., 7 Ib. 478. A defendant in default may cross-examine witnesses only. Cited and approved, Mc Lott, Corbin & White for the use, &c., v. Savery and Savery, 326.

46. Crow v. Vance, 4 Iowa 440; Pope & Slocum v. Jacobus, 10 Ib. 262; Wood v. Sands, 4 G. Greene 214. The assignment of a note secured by mortgage operates to carry the mortgage with it. Cited and approved. Sangster v. Love et al, 582.

47. Cunningham v. DePew, cited with Woods & Morgan, infra.

48. Curtis v. Scoles & Turner, 1 Iowa 472; Brobst v. Thompson, 4 G. Greene 135; Rowan et al v. Lamb, Ib. 468; The State of Iowa v. Burge, 7 Iowa 256. The evidence received in the court below should be brought to the Supreme Court by bill of exceptions. Parsons v. Chapman et al, 295.

49. Cutter v. Fanning, 2 Iowa. 580; Wisner v. Brady, ante, as to the competency of a witness, cited and followed. Kingsbury v. Buchanan, 390.

50. Danforth, Davis & Co. v. Carter & May, 4 Iowa 230, cited in Keys & Alford v. Holmes & Ristine, 140. Explained in Danforth, Davis & Co. v. Rupert et al, 550.

51. Davis v. Burt et al, 7 Iowa 56; Chittenden & Co. v. Hobbs, et al, 9 Iowa 417, cited as to service of notice, and followed. Grant v. Harlow et al, 430.

52. Davis v. Fish, 1 G. Greene, 410; Cole v. Swan, 4 Ib. 32. Instructions should be given in open court. O Conner v. Guthrie & Jourdan, 81. 53. Deaton v. The County of Polk, 9 Iowa 594, and Henry v. The Dubuque & Pacific Railroad Company, 101b. 540, as to the right of way and title to timber, etc. Cited and followed. Preston et al. v. Dubuque & Pacific Railroad Company, 17.

54. Delaney v. Reade, cited with McGregor, Lawes & Blackmore v. Armill, infra.

55. Dickson et al v. Chorn, cited with Alley v. Bay, supra.

56. Dorcey v. Patterson, 7 Iowa 420; Terpenning v. Gallup et al, 8 Ib. 74; Mason v. Lewis, 1 G. Greene 496. A plaintiff in constructive possession may maintain an action of trespass. Printz v. Cheeny § Street, 473.

57. Drain v. Meckel, cited with Petriken v. Davis, infra.

58. Dunham v. Dennis, cited with McKinlay v. Adm'rs of McGregor,
infra. Also with Fear v. Jones, 6 Iowa 170, in Hartman v. Clarke, 510.
59. Edgar v. Greer, 7 Iowa 136; Kennedy v. Lowe and Creel, 9 Ib. 580;
and Bernard & Co. v. Douglas & Watson, 10 Ib. 370, as to the suffi-
ciency of statements for judgments by confession. Cited, ex-
plained and commented upon. Vanfleet v. Phillips, 561, 563.
60. Edmonds v. Montgomery &
claims under the Code. Cited.
mer, 58.
61. Edmonds v. Montgomery & Shaw, 1 Iowa 143; Wiere v. The City of
Davenport and Plummer, ante. A judgment is assignable, and the
assignee thereof may sue in his own name. Charles v. Haskins et al. 334.
62. Farwell v. Tyler, 5 Iowa 540, cited in Mc Lott, Corbin & White for the
use, &c. v. Savery and Savery, 326

Shaw, 1 Iowa 143, as to assignments of
Weire v. The City of Davenport & Plum-

63, Farr v. Fuller, cited with Rusch v. The City of Davenport, infra. 64. Frink & Co. v. Taylor's Administratrix, 4 G. Greene 196. Cited with Childs, Sanford & Co. v. John Hyde & Co., supra.

65. Forshee v. Abrams, 2 Iowa 579, Manix v. Malony, 7 Ib. 81; Ruble v McDonald, Ib. 90; as to affidavits showing the misconduet of jurors. Cited and followed. Stewart v. The Burlington & Missouri River Railroad Company, 66.

66. Freeman v. Rich, cited with Ruble v. McDonald, infra.

67. Freeman v. Fleming, cited Johnson v. Triggs, infra.

68. Frost v. Shaw et al, 10 Iowa 491, and Hollingsworth v. Swickard, Ib. 385, cited and re-affirmed. Powell v. Hunt et al, 432.

69. Garber v. Morrison & White, 5 Iowa 476. Evidence presented for the consideration of the Supreme Court must be embodied in a bill of exceptions. Jordan & Miller v. Quick, 9; The State of Iowa, ex rel, Alderson v. Jones, County Judge, et al, 13.

70. Glick v. Hartman, 10 Iowa 410; as to amendments of pleadings, cited and approved. Butcher v. Carleton, 48.

71. Gordon v. Pitt, 3 Iowa 385, cited with Woodward v. Horst, infra. 72. Grapengether v. Fejervary 9 Iowa 163. The assignment of one of several notes secured by mortgage operates as an assignment pro tanto of the mortgage. Cited and followed. Sangster v. Love, 582. 73. Grash v. Sater, et al, 6 Iowa 301; as to the effect of pleas in confession and avoidance. Cited and followed. Quigley v. Merritt, 148. 74. Grimes v. Martin, 10 Iowa 347. It is not error to refuse an instruction which can be given only with modifications. Cited and followed in Morrison v Myers & Turner et al, 540.

75. Hall v. Doran, cited with Harkins v. Edwards & Turner, infra. 76. Hall v. Hunter, cited with Bowman v. Torr, supra.

77. Hall v. Smith et al, 10 Iowa 45, as to the effect of a judgment in replevin, cited and followed. Buck v. Rhodes et al, 350.

78. Ham v. The Steamboat Hamburg, cited with Steamboat Kentucky v. Lewis, infra.

79. Hamilton v. Walters, 3 G. Greene 558; Harrison v. Kramer et al, 3 Iowa 543; Campbell v. Ayres, 6 Ib. 341. Unless the contrary appear it will be presumed that the decree below was justified by the evidence. Garner v. Pomroy, 150.

80. Harmon v. Chandler, 3 Iowa 152. Evidence preserved for the consideration of the Supreme Court should be embodied in a bill of excepsions. The State of Iowa ex rel. Alderson v. Jones, County Judge, 13.

81. Hanan v. Hale, cited with Rusch v. The City of Davenport, infra. 82. Harkins v. Edwards & Turner, 1 Iowa 426; Baker v. Chambles, 4 G. Greene 428; Winter, Administrator, v Hite et ux, 3 Iowa 142; Lyon v. Adamson et al, 7 Ib. 509. Cited and followed. Harvey v. Irvine et al, 84.

83. Harkins v. Edwards & Turner, 1 Iowa 396; Bebb v. Preston, 3 Ib. 325; Bunn v. Prichard, 6 Ib. 56; Arbuckle v. Bowman, Ib. 70; Logan v. Tibbetts et al, 4 G. Greene 389; Wilson v. Johnson, 1 Ib. 147; Stevens v. Campbell, 6 Iowa 538; Hall v. Doran, Ib. 433; as to amendments of pleadings, cited and re-affirmed. Seevers, Adm. v. Hamilton et ux, 66. 84. Henry v. Dubuque & Pacific Railroad Company, 2 Iowa 288, cited with Deaton v. The County of Polk, supra.

85. Henry Wisner & Co. v. Brady, cited with Cutter v. Fanning, supra. 86. Hollingsworth v. Swickard, cited with Frost v. Shaw et al, supra. 87. Holmes v. Clarke, 10 Iowa 423, as to the rule concerning false misrepresentations made by a vendor. Cited and reaffirmed. Courtney

v. Carr, 300.

88. Houston v. Wolcott & Co., 7 Iowa 173. The court will not protect a careless, negligent garnishee, any more than it will justify carelessness in any other party or suitor. Cited and approved. Fagg v. Parker, Justice, 19.

89. Humphreys v. Hoyt et al, cited with Ruble v. McDonald, infra. 90. Johnson & Stevens v. Butler, 1 Iowa 459; Bebb v. Preston, Ib. 460. An appeal lies from an order disobeying an attachment, Berry v. Gravel, 137.

91. Johnson v. Triggs, 4 G. Greene, 99, and Freeman v. Fleming, 5 Iowa 461; and Mohn v. Stoner, ante, as to the sufficiency of a tender. Cited and followed. Casady et ux v. Bosler et al, 244.

92. Jourdan v. Reed, cited with Ruble v. McDonald, infra.

93. Kramer v. Rebman, 9 Iowa 114. A proceeding to foreclose a mortgage is properly cognizable in equity. Packard v. Kingman et al, 224. Also in Hartman v. Clarke, 512.

94. Kennedy v. Lowe and Creel, cited with Edgar v. Greer, supra. 95. Langworthy v. Myers, cited with Abel v. Kennedy, supra.

96. Linder v. Lake, 6 Iowa 164; Towsley v. Olds, Ib. 526; Blake v. Blake, 7 Iowa 46. A contract in writing imports a consideration. Henderson v. Booth, 214.

97. Loeber v. Delahaye & Co., cited with Cook & Owsley v. Walters,

supra.

98. Logan v. Tibbets et al, cited with Harkins v. Edwards & Turner, supra.

99. Loving v. Edes, 8 Iowa 427; Whipple v. Cass, Ib. 126; cited and followed. Williams v. Walker et al, 78.

100. Lorieux v. Keller, cited with McGregor, Lawes & Blackmore v. Armill, infra.

101. Luckey v. Pepper, cited with Peddicord & Wyman v. Whittam, infra

102. Lyon v. Adamson, cited with Harkins v. Edwards & Turner, supra. 103. Mainer v. Reynolds, 4 G. Greene 187; McCarn & Scott v. Rivers, 7 Iowa 404; Andrews v. Brown, 1 Ib. 154, cited and followed. Montague v. Rieneger et al, 504.

104. Mason v. Lewis, cited Dorsey v. Patterson, supra.

105. Matthews v. Gillis, cited with Woods v. Morgan, infra. 106. McCarn & Scott v. Rivers, cited with Mainer v. Reynolds, supra. 107. McGahen v. Carr, 6 Iowa 331, cited with Broghill v. Lash, supra. 108. McGregor, Lawes & Blackmore v. Armill, 2 Iowa 30; Thompson v. Blanchard, Ib. 44; Delany v. Reade, 4 Ib. 492; Lorieux v. Keller, 196. The Supreme Court will not review questions not raised in the court below. Schohmer & Leiser v. Lynch & Clemens, 463.

109. McGregor v. Armill, cited with Rusch v. The City of Davenport, infra.

110. McKinlay v. The Adm'r of McGregor, 10 Iowa 111; Carson v. McFadden, Ib. 91, and Dunham v. Dennis, 9 Ib. 543, cited. Campbell v. Fox, 321.

111. Meeker v. Saunders, cited with Berry, Assignee, v. Hayden, supra; Petriken v. Davis, infra.

112. Moore v. Pierson et al, 6 Iowa 279, and Attix, Noyes & Co. v. Pelan & Anderson, 5 Ib. 336, as to contracts. Cited and followed. Goodpaster v. Porter and Courtney, 164.

113. Morford v. Unger, 8 Iowa 82, cited and held inapplicable to the case at bar. Butler v. The City of Muscatine, 434; Whiting & Whiting v. The City of Mt. Pleasant, 487.

114. Mumma v. McKee 10 Iowa 109, cited and followed. Pierce, Bro's § Flanders v. S. E. Locke & Co., 456.

115. Newcombe v. The Steamboat Clermont No. 2, cited with Steamboat Kentucky v. Lewis, infra.

116. Page v. Cole, 6 Iowa 153, and Harmon v. Steinman, 9 Ib. 112. In actions of right the legal title will prevail against an equitable one. Cited and followed. Farley, Norris & Co. v. Goocher, 572.

117. Peddicord & Wyman v. Whittam, 9 Iowa 471; Billingham v. Bryan, 10 Ib. 317; and Lucky v. Pepper, Mor. 490, as to non-negotiable promissory notes, cited and followed. Mc Cartney v. The Administrators of Smalley, 86. See also, Jones v. Wilson and Dunham, 160.

118. Pelamourges v. Clarke, 9 Iowa 1, as to rulings below without prejudice to the appellant, cited and followed. Dawson v. Wisner, 8. 119. Petriken v. Davis, Morris 296; Meeker v. Saunders, 6 Iowa 61; Savery v. Spaulding, 8 Ib. 239; Drain v. Mickel, Ib. 438, as to the acceptance of interest. Cited and followed. Price, Assignee, v. Parker, Also as to assignments, with Burrows v. Lehndorf, supra. 120. Parvin v. David, 1 Iowa 34; and Page v. Cole, Ib. 153, cited and followed. Mullen v. Bloomer, 366; Hartman v. Clarke, 512.

145.

121. Pipe et al v. Bateman, 1 Iowa 369; White v. Road District No. 1, 9 Iowa 202, cited. Drake v. Board of Trustees of the Normal School at Oskaloosa, 56.

122. Pope & Slocum v. Jacobus, cited with Crow v. Vance, supra. 123. Porter v. Walker, cited with Rusch v. The City of Davenport, infra 124. Porter et al v. Green et al. 4 Iowa 571. A mortgagee is a purchaser within the meaning of the recording act. Cited and followed. Scevers v. Delashmutt, 176; Babcock v. Hoey, 377; Purington v. Frank, cited with Widner v. Hunt, infra.

125. Rankin v. Major, 9 Iowa 297. The assignment of a note carries with it a pro tanto interest in a mortgage executed to secure the same. Hinds v. Mooers et al, 212; Sangster v. Love et al, 582.

126. Richman v. The State, 2 G. Greene 532, cited and held inapplicable to the case at bar. Printz v. Cheeney & Street, 472.