Wilson v. Miller
Supreme Court of Iowa
Appeal from Polk District Court. The petition alleges that the plaintiff sold and, on the 5th day of August, 1856, conveyed to the defendant, Miller, the undivided half of a certain ten acres of land; and that this deed was duly recorded shortly after its execution.
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Appeal from Polk District Court. The petition alleges that the plaintiff sold and, on the 5th day of August, 1856, conveyed to the defendant, Miller, the undivided half of a certain ten acres of land; and that this deed was duly recorded shortly after its execution. It being afterwards ascertained that this deed neglected “ to give the variations,” the plaintiff, at the instance of Miller, and upon his promise to surrender the first deed, on the 19th day of February, 1857, executed to Miller another deed for an undivided half, and this deed was also recorded. The original petition in this…
1Opinion of the CourtDillon, J.
I. As to Miller's appeal: Aside from the question of variance, which will be noticed presently, the cause as to Miller may be disposed of very briefly; and indeed it seems scarcely possible that his counsel are in earnest in supposing it to have any merits.
His answer scarcely denies the main allegation in the bill, that the second deed was made to correct the first one. His claim to hold the interest it conveyed as a security for partnership advances is not established, but,* on the contrary, it is shown by the plaintiff’s testimony to be false and groundless.
The. testimony is decisive, that…
2Cited by18 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Allen v. McCallaSupreme Court of Iowa · 1868
- Aultman & Taylor Machinery Co. v. KennedySupreme Court of Iowa · 1901
- Keefe v. CropperSupreme Court of Iowa · 1922
- Filmore v. ReithmanSupreme Court of Colorado · 1881
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