Johns v. Bailey
Supreme Court of Iowa
Appeal from Grundy Circuit Court. Plaintiee brought this action at law, seeking to recover a . tract of land described in his petition upon the claim of holding the fee simple title thereto.
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Appeal from Grundy Circuit Court. Plaintiee brought this action at law, seeking to recover a . tract of land described in his petition upon the claim of holding the fee simple title thereto. The defendants deny plaintiff’s right to the land, and, in their answer, show that he had sold it to Mary Skeels and executed a writing witnessing the sale and obligating him to convey the land to her; that possession of the land was taken under this contract by Mary Skeels and valuable improvements made thereon, and, afterward, she sold and transferred all her right and interest under the contract to…
1Opinion of the CourtBeck, J.
i contract-on Sunday? nofpi^'u-6 diced. I. The decision of this cause turns wholly upon the sufficiency of the contract of sale and obligation to convey the land, executed by plaintiff. There is no dispute as to the title held by him, and the sufficiency of the assignment by Mary Skeels to transfer her interest and right to defendants is not questioned. We are requested to do nothing more than to determine whether the contract of plaintiff in the hands of defendants can be enforced.
The evidence conclusively shows that Mary Skeels and her husband took and held possession of the land under the…
2Cases cited8 opinions
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Schermerhorn v. . TalmanNew York Court of Appeals · 1856
- Adams v. GaySupreme Court of Vermont · 1847
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Pike v. KingSupreme Court of Iowa · 1864
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- Collins v. CollinsSupreme Court of Iowa · 1908
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