Swortzell v. Martin
Supreme Court of Iowa
Appeal from Buchanan District Court. On tbe 14th day of January, 1858, the defendant, Martin, as sheriff, sold on execution a certain eighty acres of land belonging to the plaintiff’s testator.
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Appeal from Buchanan District Court. On tbe 14th day of January, 1858, the defendant, Martin, as sheriff, sold on execution a certain eighty acres of land belonging to the plaintiff’s testator. Without setting out in detail the pleadings, it is sufficient to state that the proof established that on the day above named, and at the sale, Hastings, one of the defendants, bid one hundred and sixty dollars for the land, and the defendant in the execution, Sheperd Cordray (the plaintiff’s testator), bid one hundred and sixty-one dollars, and the land was, by the sheriff, struck off to Cordray as…
1Opinion of the CourtDillon, J.
I. One ground for the relief asked is, the inadequacy of the consideration. Only one witness (Biddinger) testifies as to the value of the land, and he places it at “ about twenty dollars per acre.”
At this estimate, it would be worth in the neighborhood of $1,600. It was sold (according to the defendants’ theory) for $160. Whether, under the authorities in this State (Cavender v. Heirs of Smith, 1 Iowa, 307, 355; Singleton v. Scott, 11 Iowa, 599, 11 Id., 97, and cases cited), and elsewhere (Roe v. Russ, 2 Ind., 99; Waller v. Tate, 4 Ben. Monr., 529; 5 Harring., 129, 394; Howell v. Baker, 4…
2Cases cited7 opinions
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Russell v. GibbsNew York Supreme Court · 1826
- Howell v. BakerNew York Court of Chancery · 1819
- Roe ex dem. Weirick v. RossIndiana Supreme Court · 1850
- Singleton v. ScottSupreme Court of Iowa · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Copper v. Iowa Trust & Savings BankSupreme Court of Iowa · 1910
- Drake v. BricknerSupreme Court of Iowa · 1917
- Glenn v. MillerSupreme Court of Iowa · 1919
- Miller v. WinslowWashington Supreme Court · 1912
- Cornoy v. WetmoreSupreme Court of Iowa · 1897
2 more not listed; retrieve them via the Exa API.