Legal Opinion

McClanahan v. McKinley

Supreme Court of Iowa

Decided October 25, 1879PublishedCited by 3 opinions

Appeal from Wayne Circuit Court. Action to rescind a conveyance made in pursuance of a contract for an exchange of lands. The plaintiff conveyed to the ■ defendant an improved farm of one hundred and twenty acres in Wayne county for three hundred and twenty acres of unimproved land in Crawford county, and $100. He avers that he was induced to make the trade by the fraudulent representations of the defendant. Other facts are stated in the opinion.

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Appeal from Wayne Circuit Court. Action to rescind a conveyance made in pursuance of a contract for an exchange of lands. The plaintiff conveyed to the ■ defendant an improved farm of one hundred and twenty acres in Wayne county for three hundred and twenty acres of unimproved land in Crawford county, and $100. He avers that he was induced to make the trade by the fraudulent representations of the defendant. Other facts are stated in the opinion. There was a decree for the plaintiff. Defendant appeals.

1Opinion of the CourtAdams, J.

i fkatjduMentations:'6" contract. The plaintiff avers in his petition that the defendant represented that the land in Crawford county was of good quality and location; that it was of the value-$12.50 per acre, and that that was the prevail - pug price of lands in that locality. He also avers that the defendant made other “representations concerning the-lands, such as distance from a railroad station, mill, schools, amount of grass cut the year before,” etc.; but there is no averment as to what the representations were. Evidence was introduced to show that the defendant said that the land was…

2Cases cited4 opinions

  1. Parker v. MoultonMassachusetts Supreme Judicial Court · 1873
  2. Bryan v. HitchcockSupreme Court of Missouri · 1869
  3. Bondurant v. CrawfordSupreme Court of Iowa · 1867
  4. Longshore v. Jack & Co.Supreme Court of Iowa · 1870

3Cited by3 opinions

  1. Mohler v. CarderSupreme Court of Iowa · 1887
  2. Dirkson v. KnoxSupreme Court of Iowa · 1886
  3. Michaelson v. SchulkeSupreme Court of Iowa · 1917

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