Richardson v. Barrick
Supreme Court of Iowa
Appeal from Bremer District Court On the 5th day of January, 1850, the defendant procured John M. McDonald to enter on time for him one hundred and sixty-two 68-100 acres of land, in section seven, township eighty-nine, range thirteen west.
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Appeal from Bremer District Court On the 5th day of January, 1850, the defendant procured John M. McDonald to enter on time for him one hundred and sixty-two 68-100 acres of land, in section seven, township eighty-nine, range thirteen west. The defendant furnished a small portion of the entrance price at the time, and gave two notes, one for fifty-five dollars, and the other for one hundred dollars, both payable July 5th, 1850, and took a lease and agreement for sale, both in one instrument, to which were annexed conditions of forfeiture of the “ strictest sect.”. This contract was extended…
1Opinion of the CourtCole, J.
It has ever been the pleasure, as it has been the duty and special province of courts of equitjq to disrobe transactions of their garbs of verbiage, technicalities and special contrivances adopted to conceal their real nature, or to entrap the weak, the unlearned or oppressed, and to discover the true character of the transaction and enforce it as it really is, regardless of the forms with which cunning and artifice may have surrounded it.
Notwithstanding the acumen which may have been manifested in making or drawing the several contracts and agreements in relation to the entry, leasing, sale,…
2Cases cited6 opinions
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
- James v. M'KernonNew York Supreme Court · 1810
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Stuart v. President, Directors & Co. of the Mechanics' & Farmers' BankNew York Supreme Court · 1822
- Henry v. Davis & ClarkNew York Court of Chancery · 1823
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fort v. ColbySupreme Court of Iowa · 1913
- Green v. TurnerSupreme Court of Iowa · 1874
- Greene v. Bride & Son Construction CompanySupreme Court of Iowa · 1960
- Cullen v. ButterfieldSupreme Court of Iowa · 1916
- Davies v. BeadleSupreme Court of Iowa · 1873
5 more not listed; retrieve them via the Exa API.