Phillips v. Van Schaick
Supreme Court of Iowa
Appeal from, Marshall CvravAt Cowrt. Thursday, October 9. Action in chancery to foreclose a contract for the purchase of certain lands, prosecuted under Revision, sections 3671, 3672. The facts appear in the opinion. The court dismissed plaintiff’s petition, and granted to defendants relief prayed for in a cross-bill filed by them. Plaintiffs appeal.
1Opinion of the Court
Beck, Ch. J.
1. Contract. In order to obtain a correct understanding of the points of law involved in this case, it is necessary to state with particularity the pleadings, and to set out the contract, which is the basis of the action.
The petition claims, under Revision, sections 3671, 3672, the' foreclosure of the contract for the sale of certain land, of which plaintiffs are alleged to be the vendors. It is averred that the plaintiffs are respectively the widow, and heir, and the administrator of E. E. Phillips, deceased, who was seized of the lands involved in the -suit, which, at his death,…
2Cited by11 opinions
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- Emerson & Co. v. ConverseSupreme Court of Iowa · 1898
- Holbert v. KellerSupreme Court of Iowa · 1913
- Exchange State Bank v. BuckleySupreme Court of Iowa · 1923
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