Legal Opinion

Gaertner v. Wagner & Nockles

Supreme Court of Iowa

Decided September 25, 1874PublishedCited by 1 opinion

Appeal from, Winneshiek District Court. On the 30th day of September, 1868, the plaintiff sold to defendants, Wagner and Nockles, certain real estate, and executed to them a bond for a' deed.

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Appeal from, Winneshiek District Court. On the 30th day of September, 1868, the plaintiff sold to defendants, Wagner and Nockles, certain real estate, and executed to them a bond for a' deed. In consideration thereof defendants executed to plaintiff seven promissory notes, three of them for one thousand dollars each, and respectively due August first, 1869, 1870 and 1871, and four of them for two thousand dollars each, and respectively due August first, 1872, 1873, 1874 and 1875. To secure the payment of these notes the defendants executed a chattel mortgage on certain property described. On…

1Opinion of the CourtDay, J.

The bond, after describing the property sold, and mentioning the consideration and the several times of payment, proceeds as follows: “Now the condition of this obligation is such, that if the said Wagner and Nockles shall have paid two-thirds of said promissory notes at maturity, and shall in'the meantime pay all taxes on said premises, and the said A. E. Gaertner shall, on the completion of said payments, make, execute and deliver, or cause to be made, executed and delivered, a good warranty deed to the said Wagner and Nockles for said premises, then this obligation to be void, else to…

2Cited by1 opinion

  1. State v. FowlerSupreme Court of Iowa · 1879

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