CASES IN LAW AND EQUITY, DETERMINED IN THE SUPREME COURT OF THE STATE OF IOWA. BY THO. F. WITHROW, REPORTER. VOL. II, BEING VOLUME X OF THE SERIES. DES MOINES: PUBLISHING HOUSE OF MILLS BROTHERS. 1861. Izemi koring a an Art of Congress, in the year one thousand egu numirsi zni sry-ne by 150. F. WITHROW, de Jersi office of the Dustries Court of the United States, in and fræbsze if im Feb. 1862. PREFACE. THIS volume embraces all cases decided by written opinion in the Supreme Court during the period intervening between 3d November, 1859, and 6th October, 1860, with a number of cases decided on the last mentioned date. When the present Reporter entered upon the discharge of his duties, in July, 1860, the material for twelve hundred printed pages, (including a portion of the opinions filed at the June term, 1859, and all of those filed at the December term, 1859, and June term, 1860,) had accumulated on the files of the Court. The early publication of these unreported opinions was deemed of the first importance by the profession. It could be accomplished, however, within the restriction provided by law, as to the number of volumes to be published annually, only by the exercise of a rigid econ-. omy as to space. It has therefore been the object of the Reporter to make the head notes as brief as was compatible with clear statements of the propositions decided in the opinions of the court. In the preparation of the reports of arguments of counsel, in cases in which but a single question is presented and determined in the opinion filed, statements of the authorities have been deemed sufficient. In cases submitted on oral argument, or on written arguments in which no authorities are cited, the names of counsel only are stated. It is hoped that in future volumes more space may be consistently given to the arguments of counsel. It will ever be the purpose, however, to make statements of propositions suggested and authorities cited as brief as practicable. This extraordinary accumulation of unreported cases has induced the Reporter to present in the form of abstracts, in the appendix at the end of the volume, many cases which |