Legal Opinion

Sackett v. Osborn

Supreme Court of Iowa

Decided December 11, 1868PublishedCited by 7 opinions

Appeal from Allamakee District Court. Action-upon the covenants of warranty contained in a deed executed by defendants. The breach alleged is the -non-payment of taxes falling due upon the land. Trial by the court without a jury, and judgment for plaintiff. Defendants appeal.

1Opinion of the CourtBeck, J.

*1471. Taxes: when lien warrantly deed. *146— On the 9th day of July, 1867, plaintiff, and defendant Osborn entered into a written agreement, *147whereby Osborn undertook to convey to Pontiff a certain town lot by deed of war-ranty to be executed and delivered on the first day of N ovember following. Plaintiff paid a part of the purchase-money on the day of the execution of the contract, and agreed to pay the balance in installments, one on the 1st of November, 1867. The installments to be paid after that day, to be secured by mortgage‘upon the lot. By the terms of the instrument, plaintiff was to have…

2Cases cited1 opinion

  1. Attix, Noyes & Co. v. PelanSupreme Court of Iowa · 1857

3Cited by7 opinions

  1. Sheehy v. ScottSupreme Court of Iowa · 1905
  2. Nunngesser v. HartSupreme Court of Iowa · 1904
  3. Frost v. ClarkSupreme Court of Iowa · 1891
  4. Rex Lumber Co. v. ReedSupreme Court of Iowa · 1898
  5. Mohr v. JoslinSupreme Court of Iowa · 1913

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