CASES IN IOWA REPORTS CITED, FOLLOWED, &c., &c.

Abel et al. v. Kennedy et al., 3 G.

Greene, 47. Verdict. Graff v. Blake, 224
Abbott v. Chase, 13 Iowa, 453. Equi-

table defense. Rosierz v. Van Dum, 180
Allen v. Newberry, 8 Iowa, 70. As-
signment of judgment. Conyng-
ham v. Smith,

Alley v. Bay, 9 Iowa, 509. Homestead.
Burnap v. Cook,.

Allyn v. Johnson, 13 Iowa, 604.
Equitable defense. Rosierz v. Van
Dam,

Ament v. Humphrey, 3 G. Greene,
255. Repeals. Allen v. Pegram,...
Andrews v Brown, 1 Iowa, 154, is
inapplicable to the revision. Co-
nyngham v. Smith,

Arnold v. Grimes, 2 Iowa, 7. New
trial. Graham v. Dizon,..
Baldwin v. The Mississippi and Mis-
souri Railroad Company, 15 Iowa,
518. Residence of corporation. The
City of Davenport v. The Missis
sippi and Missouri Railroad Com-
pany,

474

153

180

168

473

313

364

Ball v. Humphreys, 4 G. Greene, 205.
Appeal. George v. Parker,... 533
Bank of the Old Dominion v. The
Dubuque Railroad Company, 8
Iowa, 277. Trustee. Buell v. Buck-
ingham & Co.,

Barney v. McCarty, 13 Iowa, 510.
Constructive liens. Reeves & Co.
v. Sebern,..

Barney v. Little, 15 Iowa, 527. Con-
structive notice,....

293

237

Id.

233

Bates v. Ruddick, 2 Iowa, 423. Order
of contribution. Massie v. Wilson, 394
Bell v. Evans, 10 Id., 353. Unrecorded
deed. Parker v. Pierce,.
Bernard v. Douglas & Watson, 10
Iowa, 370. Confession of judgment.
Vannice v. Greene, Traer & Co.... 576
Blake v. Blake, 7 Iowa, 46. Husband
and wife. Wright v. Wright.....
Blake v. Blake, 13 Iowa, 40. Jurisdic-
tion of the Supreme Court. Mc-
Gregor v. Gardner,..
Blain v. Stewart, 2 Iowa, 372. Lien.
Crosby v. Elkader Lodge,

... 50S

Burton v. Hill, 4 G. Greene, 379.
Pleadings in Justices' Courts.
Graff v. Blake,

Cain v. Story, 15 Iowa, 378. Practice.
Brown v. Webster,.
Casey v. Harned, 5 Iowa, 1. Repeals.
Allen v. Pegram,...

Casey v. The Cincinnati and Chicago
Railroad Company, 5 Iowa. 357.
Actions against corporations.
Brown v. Phillipps...

223

589

168

213

Campbell v. Leonard, 11 Iowa, 489.
Possession by mortgagor. Rinds-
koff Bros. & Co. v. Lyman et al.,.. 269
Campbell v. McHarg, 9 Iowa, 354.
Usury. Allison v. Barrett,
281
Cains v. Crandall, 4 Iowa, 151. Es-
tates of decedents. Allen v. Moer, 310
Cavender v. The Heirs of Smith, 1
Iowa, 307, 355. Inadequacy of con-
sideration. Swortzell v. Martin,... 522
Chandler v. Hockett's Adm'r, 12
Iowa, 269. Claim against an estate.
Braught v. Griffith & McCleary,.. 32
Charless & Blow v. Lamberson, 1
Iowa, 435. Homestead. Hale v.
Heaslip,

Christy v. Dyer, 14 Iowa, 438. Home-
stead. Hale v. Heaslip,..
Burnap v. Cook,.

Churchill et al. v. Lyon, 13 Iowa, 431.
Confession of judgment. Vannice
v. Greene, Traer & Co.,
Claussen v. Lafrenz, 4 G. Greene, 224.
Practice. Conyngham v. Smith et
al.,

Lyons v. Thompson,.

Coffin v. Knott, 2 G. Greene, 582. Res
adjudicata. Keater & Skinner v.
Hock, Musser & Co......
Cole v. Gill, 14 Iowa, 527. Home-
stead. Burnap v. Cook,

25

153

Hale v. Heaslip,.

452

Cook v. Woodbury County, 13 Iowa,
21. Record in chancery causes.
Anderson v. Easton & Son,
Cook et al. v. Sypher, 3 Iowa, 484.
New trial. Alger v. Merritt,...
Cooper v. Skeel et al, 14 Iowa 578.
Onus probandi. Parker v. Pierce,. 231
Cooper v. Frederick, 4 G. Greene,
403. Decree and petition. Massie
v. Wilson,

58

126

394

493

Cooper v. Sunderland, 3 Iowa, 114.
Presumption in favor of judgment.
Ballenger v. Tarbell,

493

Ballenger v. Tarbell,.

493

Prince v. Griffin,....

554

233

175

Boyd v. Ellis, 11 Iowa, 97. Unre-
corded deed. Parker v. Pierce,
Brandt v. Foster et al., 5 Iowa, 287.
Covenants Allen v. Pegram,..
Brewington v Patton, I Iowa, 121.
Bill of exceptions. Lyons v Thomp-

son,

Bryan v. The State of Iowa, 4 Iowa,
349. Bill of exceptions. Lyons v.
Thompson....

Broghill v. Lash, 3 G. Greene, 357.
Service of notice. Hodson v. Tib.

Crawford v. Benton, 6 Iowa, 476.
Notice. Reeves v. Sebern & Co.,... 238
Curtis v. Millard & Co., 14 Iowa, 128.
Lien and redemption. Crosby v.
Elkader Lodge,

405

Crocker v. Robertson, 8 Iowa, 404.
Covenants Allen v. Pegram,....
Davenport Gas Light and Coke Com-
pany v. The City of Davenport, 13

172

Cooper v. Armstrong, 2 G.Greene, 120.
Practice. Conyngham v. Smith,.... 474
Corbat v. Smith, 7 Iowa, 60. Burden
of proof, Parker v. Pierce,
Cousins v. Westcott, 15 Iowa, 253.
Instructions. Brown v. Jefferson
County....

231

343

Taylor, Shipton & Co. v. Runyan and
Brown, 3 Iowa, 474. Judgment be-
fore a justice, Barrett v. Garra-
gan,

Tayler v. Barber, 2 G. Greene, 350
Pleading in Justice's Court. Greff
v. Blake,
Terpenning v. Gallup, 8 Iowa, 74.
New trial. Brockman v. Berry-
hill..
The Burlington and Missouri River
Railroad Company v. The City of
Mount Pleasant et al., 12 Iowa, 112.
Taxation. The City of Davenport
V. The Mississippi and Missouri
Railroad Company,.
The City of Davenport v. The Mis-
sissippi and Missouri Railroad
Company, 12 Iowa, 539. Taxation.
Same v. Same,

The Davenport Gas Light and Coke
Company v. The City of Daven-
port, 13 Iowa, 229. Exceptions to
instructions. Lyons v. Thompson,.
The State Bank of Indiana v. Ånder-
son et al., 14 Iowa, 544, followed.
McClure v. Burris et al.,.
The State v. Accola, 11 Iowa, 246.
Verdict. Greff v. Blake,
The State of Iowa v. Elliott et al.,
14 Iowa, 72. Evidence. Nash v.
Gibson,

Tunis v. Withrow, 10 Iowa, 305. Pre-
sumptions in favor of a decree.
Prince v. Griffin,

Wilson v. Albright, 2 G. Greene,

553

The State of Iowa v. Gebhardt, 13
Iowa, 473. Bill of exceptions. Ly-
ons v. Thompson,
The State of Iowa v. Klingman, 14
Iowa, 404. Appearance bond. The
State of Iowa v. Brown,
Vandall v. Vandall, 13 Iowa, 247. Bill
of exceptions. Lyon v. Thompson, 65
Vanfleet v. Phillips, 11 Iowa, 558.
Confession of judgment. Vannice
v. Greene, Traer & Co.,..
Walker v. Ayres, 1 Iowa, 449. Juris-
diction of the Supreme Court. Mc-
Gregor v. Gardner,

65

Woodward v. Horst, 10 Iowa, 120.
New trial. Brockman v. Berry-
hill,

186

318

Wright v. Le Claire, 3 Iowa, 221, 240.
Notice. Adair v. Wright,
Wright v. Keithler, 7 Iowa, 92. Ad-
verse possession. Clagett v. Con

386

577

...........

543

COMPUTATION OF TIME.

1. IN APPEALS. See APPEALS, 7.

CONSTITUTIONAL LAW.

1. BILL TO CANCEL CONVEYANCE. A bill to cancel a conveyance of lands to a
railroad company incorporated by the Legislature of the State of Indiana
showed, that the act of incorporation was passed before the taking
effect of the present Constitution of that State, but that it was not
accepted and the incorporation perfected until thereafter; that said
Constitution prohibits the creation of such corporations by special act;
that the lands conveyed to said company in payment for stock therein
have since been conveyed to third persons who are made respondents
herein. Held, upon the authority of Snyder v. Studabaker, decided by
Supreme Court of Indiana, that there is no equity in the bill. Brown
v. Phillipps et al., 210.

2. CONSTRUCTION OF CONSTITUTION. The construction given by the court of
last resort in another State to the Constitution thereof will be followed
by the Supreme Court of this State. Id.

3. ACT CONSTITUTIONAL. Chapter 173, Laws of 1862, is not inconsistent with
section 7, article 7, of the Constitution of 1857. The City of Davenport
v. The Mississippi and Missouri Railroad Company, 348.

CONTEMPT.

1. Does not AFFECT JUDGMENT. That the court below refused to compel a
witness to produce letters in response to a subpœna duces tecum, issued
at the instance of the appellant, is not sufficient ground for reversing
the judgment below. Manning & Caldwell v. Perkins, 71.

CONTINUANCE.

See CRIMINAL LAW, 2.

CONTRACTS.

1. CONSTRUCTION. Where a contract has been reduced to writing, the inten-
tion of the parties must be collected from the instrument itself, regard
being had to the subject matter and the situation of the parties. Field
v. Schricker, 14 Iowa. 119, 122; Pilmer v. The Branch of the State
Bank at Des Moines, 321.

2. MEANING OF WORDS. Words employed in a contract in writing are to be
understood in their plain, ordinary and popular sense, unless in respect
to the subject matter, by known usage, they have acquired a peculiar
sense distinct from the proper sense, and then they will be construed
according to such peculiar meaning. Id.

3. COTEMPORANEOUS AGREEMENTS. Cotemporaneous conversations and agree-
ments are inadmissible in an action on a written contract, for the pur-
pose of showing the meaning or intention of the parties. Id.

4 CONSTRUCTION OF CONTRACTS IN EQUITY. A court of equity will ascertain
the true character of contracts, and enforce them without reference
to the forms and technicalities which surround them. Richardson v.
Barrick, 407.

5. ENFORCEMENT: ADVANTAGE. When a contract is supported by an inade-
quate consideration, and was executed under circumstances which
show that advantage has been taken by one party of the distress of
the other, a court of equity will ascertain its real character, notwith-
standing such advantage may not amount to either a moral fraud or a
duress, and will enforce it to this extent. Id.

6. CURRENCY. In an action on a draft payable in "currency," parol evidence
is admissible to show the peculiar meaning of the word "currency"
at the time when and place where the draft was drawn, and that the
parties entered into the contract with knowledge of such peculiar
meaning. Pilmer v. The Branch of the State Bank at Des Moines, 321.
7. MADE ON SUNDAY. The courts of this State will not enforce an express or
implied contract for the sale of property, made on the Sabbath day,
where the parties thereto are not embraced in the exceptions expressed
in § 4392 of the Revision of 1860. Pike v. King, 49.

8. GENERAL RULE. A contract made in violation of a statute and against the
policy of the State, whether malum prohibitum or malum in se, is void,
and cannot be enforced by action. Id.

9. CONTRACT TO REDEEM BILLS ISSUED WITHOUT AUTHORITY OF LAW. The
officer of a banking corporation who is individually liable for the
redemption of bills issued by such corporation without authority of