Carrolls v. Cox
Supreme Court of Iowa
Appeal from Decatur District Court Cox & Shelley obtained a judgment against complainants in the- Boone District Court, in October, 1858. In May( 1861, an execution issued on this judgment, and was levied upon some two hundred and forty acres of land in Decatur county.
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Appeal from Decatur District Court Cox & Shelley obtained a judgment against complainants in the- Boone District Court, in October, 1858. In May( 1861, an execution issued on this judgment, and was levied upon some two hundred and forty acres of land in Decatur county. The object of this proceeding is to enjoin said sale, upon the ground that complainant's had, by a verbal contract, sold to respondents one hundred and eighty acres of the land, which they were to receive in full satisfaction of the judgment. It is also averred that, in addition to' satisfying the judgment, respondents were to…
1Opinion of the Court
Wright, Ch. J.
Respondents insist that the contract set up in the petition is not established by the testimony; that if it is, it was verbal, related to land, and is therefore void under the statute of frauds, unless it is shown that there was a part performance, or possession taken under the contract.
Complainants concede that they must show possession, or part performance; maintain that they have done so, and that the decree below is, therefore, erroneous. Unless, therefore, the testimony sustains this proposition, it becomes immaterial to inquire whether the alleged contract was or was not…
2Cited by1 opinion
- Mahana v. BluntSupreme Court of Iowa · 1865