Downard v. Groff
Supreme Court of Iowa
Appeal from Iowa Circuit Court. This is an action upon a covenant of warranty, in a conveyance by tbe defendant to tlie plaintiff, of the northwest quarter of the southwest quarter of section thirty-four, township seventy-nine, range twelve, west. The issues are as to the breach and the measure of damages. i There was a jury trial resulting in. a verdict and judgment for plaintiff, for ninety .dollars. The defendant appeals.
1Opinion of the CourtCole, J.
The facts are few and are not controverted. October 22, 1867, E. Dorstal executed a mortgage upon the premises to Donovan, to secure a note for $250, due one year thereafter, given for the balance of the purchase money.’ This mortgage was duly recorded October 22, 1869. On January 1870, Groff, the defendant, became, by purchase, the owner of the note and mortgage. November 1,1.870, Dorstal, the mortgagor, leased said premises, by parol, to Leroy, for one year from that date, and he entered, at once into possession. Janu*598ary 4,1871, Groff commenced, his action of foreclosure against Dorstal,…
2Cases cited1 opinion
- Lane v. KingNew York Supreme Court · 1832
3Cited by30 opinions
- Hecht v. DettmanSupreme Court of Iowa · 1881
- Clark v. StrohbeenSupreme Court of Iowa · 1921
- Buchmann v. CallahanSupreme Court of Alabama · 1930
- Phillips v. KeysawSupreme Court of Oklahoma · 1899
- Beckman v. SikesSupreme Court of Kansas · 1886
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