1 Morris 150
Decided January 15, 1843
Supreme Court of Iowa · decided 1843-01-15
Jlppeal from Louisa. David Miller and Valentine Faulkner, filed their bill against Henry L. McGuire, in the District Court of Louisa county. The grounds of complaint were that McGuire had sold to complainant, Miller, a certain land “claim” for $150, and Miller with Faulkner his security executed a note for the same, payable 1st March 1837, and that McGuire at the same time executed to Miller a bond of indemnity against ail prior claims.
Decided 1843-01-15
¶1Per Curiam,
¶2This case must follow the fate of Faulkner vs. Campbell, just decided, and for the same reason. It only differs from that case in one particular. The bill contables in a general and vague way an allegation of newly discovered testimony. This is not sufficient. The newly discovered testimony should have been set forth, that the court might judge of its materiality. The decree of the court below will therefore be reversed, the demurrer sustained and the bill dismissed.