Williamson v. Test
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Defendant in March, 1856, sold and conveyed to plaintiff a lot in Omaha, Nebraska territory. The deed expressed a consideration of $150, and recites that the grantor sells, conveys and quitclaims, and after describing the lot, covenants to warrant and defend the said premises against the lawful claims of all persons whomsoéver, except the United States.
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Appeal from Pottawattamie District Court. Defendant in March, 1856, sold and conveyed to plaintiff a lot in Omaha, Nebraska territory. The deed expressed a consideration of $150, and recites that the grantor sells, conveys and quitclaims, and after describing the lot, covenants to warrant and defend the said premises against the lawful claims of all persons whomsoéver, except the United States. The petition alleges, that the defendant had no title or right of any kind to the lot, that the right and title was in another, that defendant never has obtained any interest in said lot, and for a…
1Opinion of the CourtWright, J.
1. corrvBTAHCB: nre of damages: property conBideration. The substance of the several errors assigned, relate to the action of the court in overruling defendant’s motion for a new trial. By this motion it was claimed, that' the finding for . . plaintiff was against the law and evidence, and also excessive.
The lot was paid for in a watch. In this action limiting (as the court below seems to have done, and to which plaintiff does not object), the recovery to the consideration with interest, it was proper, there being no proof of *140fraud on plaintiff’s part, to base the recovery upon the value…
2Cases cited1 opinion
- McNear v. McComberSupreme Court of Iowa · 1864
3Cited by3 opinions
- Taylor v. HolterMontana Supreme Court · 1872
- Holmes v. SeamanNebraska Supreme Court · 1904
- Webb v. BrownTexas Commission of Appeals · 1880