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action affidavit affirmed agreement Algona alleged amount answer appeal appellant appellee assignment attorney authority bill bond cause Cedar Rapids certificate charge circuit court claim complainant contract conveyance costs counsel creditors damages debt December 15 decree deed defendant in error defendant's demurrer district court entitled equity evidence execution fact Filed December Filed October foreclosure fraud garnishee given held indorsed instruction interest Iowa issue J. B. Fletcher judge judgment jury justices concurred land lease levy liable lien mechanic's lien ment mortgage motion Newton township notice November 29 objection October 28 opinion owner paid party payment person petition plaintiff in error possession premises proceedings promissory note proper purchase question railroad real estate reason recover refused rendered replevin respondent rule sold statute sureties testimony thereof tiff tion trial valid verdict void witness