Nolan v. Jones
Supreme Court of Iowa
Appeal from Wvrvneshieh Gvrouit Gowrt. Action to replevy a mare alleged to be worth $99. The petition avers that the plaintiff is the unqualified owner of the mare, and entitled to the immediate possession of her: that the defendant falsely pretended to have entered into a contract of exchange whereby the defendant gave the plaintiff a horse for the mare; that the plaintiff tendered the horse to defendant and demanded a return of the mare, which was refused.
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Appeal from Wvrvneshieh Gvrouit Gowrt. Action to replevy a mare alleged to be worth $99. The petition avers that the plaintiff is the unqualified owner of the mare, and entitled to the immediate possession of her: that the defendant falsely pretended to have entered into a contract of exchange whereby the defendant gave the plaintiff a horse for the mare; that the plaintiff tendered the horse to defendant and demanded a return of the mare, which was refused. The defendant, appearing by guardian ad litem, avers in his answer that he is a minor; that he is the owner of the mare by a valid…
1Opinion of the Court
Adams, Ch. J.
i. evidence: tract™1'con In the certificate of appeal seven questions are certified, but in our opinion they may properly be reduced to two; viz, whether the offered testimony was admissible under the pleadings, and if so, whether it was admissible as against a minor.
The defendant insists that the testimony was inadmissible, because it was offered to show fraud, and there was no allegation of fraud in the petition, and none in a reply to the answer, no reply having been filed.
This action was not brought to rescind a contract, nor to recover damages for fraud. It was brought upon…
2Cited by4 opinions
- Wallace v. LeroyWest Virginia Supreme Court · 1905
- Beardsley v. ClarkSupreme Court of Iowa · 1940
- Kuh v. GlucklickSupreme Court of Iowa · 1903
- Wray v. WrightsmanMissouri Court of Appeals · 1910