Fuller, Williams & Co. v. Lamar
Supreme Court of Iowa
Appeal from Buena Vista District Court. Prior to the 23d day of April, 1874, Lars P. Olkjer had a contract in writing with Warrick Price, for the purchase of the S. E. ¿ see. 13, tp. 90, range 35, and had paid part of the purchase price. On the 23d day of April, 1874, Lars P. Olkjer executed his promissory note to the plaintiffs, Fuller, Williams & Go., for $240, and to secure the same executed a mortgage upon the land above described.
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Appeal from Buena Vista District Court. Prior to the 23d day of April, 1874, Lars P. Olkjer had a contract in writing with Warrick Price, for the purchase of the S. E. ¿ see. 13, tp. 90, range 35, and had paid part of the purchase price. On the 23d day of April, 1874, Lars P. Olkjer executed his promissory note to the plaintiffs, Fuller, Williams & Go., for $240, and to secure the same executed a mortgage upon the land above described. On the 1st day of July, 1875, Lars P. Olkjer executed to Warrick Price his promissory notes for the purchase price of said land, and secured them by a mortgage…
1Opinion of the CourtDax, J.
i, evidence : show fraud in written instrument, 1. The principal question in the ease is whether the defendant, upon his purchase of the land from Olkjer, agreed to pay the demand in question, and whether the disputed part of the deed was inserted therein pursuant to that agreement. Upon this question there is a conflict of evidence. We think, however, that the evidence preponderates in. favor of the finding of the court. At the time of the purchase of the land the defendant lived at Darlington, Wisconsin. ' The negotiation for the purchase *479was conducted, on behalf of the defendant, by IT.…
2Cases cited1 opinion
- Linscott v. LamartSupreme Court of Iowa · 1877
3Cited by5 opinions
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- Cook v. FosterMichigan Supreme Court · 1893
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- State Bank v. YoungSupreme Court of Iowa · 1913
- Kilmer v. HannifanSupreme Court of Iowa · 1901