Nelson v. Hamilton County
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. B. P. Birds all, Judge. Action at- law to recover on account of money paid to the defendant for land purchased of it. A demurrer to the petition was sustained, the plaintiff elected not to plead further, and judgment was rendered for the defendant. The plaintiff appeals.—
1Opinion of the CourtRobinson, J.
The petition contains two counts. The first count states that on the second day of May, 1890, the defendant, a duly organized county of this state, acting through its proper officers, claimed to be the owner of a forty acre tract of land described, and sold it to the plaintiff for the sum of two hundred and sixty dollars and ninety-six cents, which was then paid by the plaintiff; that at the same time it executed and delivered to him a deed for the land; that in fact the defendant did not own, and never had, owned the land, nor any interest therein, and had no right to sell or convey it; that…
2Cases cited4 opinions
- Funk v. CreswellSupreme Court of Iowa · 1857
- Allen v. PegramSupreme Court of Iowa · 1864
- Turner v. CruzenSupreme Court of Iowa · 1886
- Woodworth v. HascallNebraska Supreme Court · 1899
3Cited by2 opinions
- Woods v. SchmittSupreme Court of Iowa · 1989
- Harrison v. Palo Alto CountySupreme Court of Iowa · 1898