Gourley v. Hankins
Supreme Court of Iowa
Appeal from the Johnson District Court. This is an action of right, brought to recover lot number three, in block number twenty-seven, in that part of Iowa City, laid off by the commissioners of Johnson county, as the county seat of said county. The plaintiff claims, under a deed from the said county, dated August 4, 1843, and executed by “Fernando H. Lee, agent of Johnson county.”
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Appeal from the Johnson District Court. This is an action of right, brought to recover lot number three, in block number twenty-seven, in that part of Iowa City, laid off by the commissioners of Johnson county, as the county seat of said county. The plaintiff claims, under a deed from the said county, dated August 4, 1843, and executed by “Fernando H. Lee, agent of Johnson county.” This was done under the act of 16th of February, 1842 (Stat. 1841-42, 62), authorizing the appointment of a county agent in and for the county of Johnson. On the 17th of February, 1842, a general act passed,…
1Opinion of the CourtWoodward, J.
The evidence offered, to show that Gardner was clerk of the commissioners’ court, was competent, and should have been received. Van Ness v. Bank U. S., 13 Pet. 21; Shults v. Moore, 1 McLean, 520, recognizing the foregoing case. The People v. Ammons, 5 Gilm. 105.
The term “parol evidence,” as used in the bill of exceptions, is assumed to mean oral evidence, as this is the ordinary sense in which it is used, although some of the books, and some of the writers on evidence, use the word parol in its broader sense, as well when speaking of evidence, as when speaking of contracts.- This evidence is…
2Cases cited4 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Harkins v. EdwardsSupreme Court of Iowa · 1855
- Shults v. MooreU.S. Circuit Court for the District of Ohio · 1839
- Van Ness v. the Bank of the United StatesSupreme Court of the United States · 1839
3Cited by4 opinions
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- Short v. SymmesMassachusetts Supreme Judicial Court · 1889
- Michelsen v. PenneyCourt of Appeals for the Second Circuit · 1943
- Michelsen v. PenneyCourt of Appeals for the Second Circuit · 1943