Ream v. Jack
Supreme Court of Iowa
Appeal from Mahaska District Court Francis M. Watson brought an action against John Montgomery, B. B. and Sarah O. Jack, the object of which was to obtain the correction of a deed, executed by Watson to B. B. Jack.
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Appeal from Mahaska District Court Francis M. Watson brought an action against John Montgomery, B. B. and Sarah O. Jack, the object of which was to obtain the correction of a deed, executed by Watson to B. B. Jack. It was alleged that Watson had executed a mortgage to Montgomery on certain real estate, and that he afterward conveyed the same to B. B. Jack and that the latter had agreed to pay the mortgage; that Montgomery had agreed to release Watson, and that, by mistake, a provision to that effect was omitted in the deed from Watson to B. B. Jack. It was also averred that the latter had…
1Opinion of the Court
Servers, Ch. J.
I. It clearly and very satisfactorily appears, that B. B. Jack assumed and agreed to pay the 1. costkact: mortgage at the time Watson conveyed the premises to him, and that Montgomery, in consideration of such promise, released Watson from all personal liability, and as between him and Watson agreed to look alone to Jack and the mortgaged property for the payment of the indebtedness. Certainly Jack should do as he agreed, and the agreement thus made is binding. It was so held in Semple v. Lee, 13 Iowa, 304.
2. pkacticb: of parties. II. The cross-petition contained proper…
2Cases cited1 opinion
- Semple v. LeeSupreme Court of Iowa · 1862