Cole v. Gill
Supreme Court of Iowa
Appeal from Jasper District Court. Action op Right. The facts, as agreed upon by the parties, are as follows: In October, 1857, one Nathan Cole was tbe owner in fee of tbe lands in controversy, and sold tbe same to defendant, received about $700 of the purchase money, took two notes for tbe balance, and gave a bond for a deed upon tbe payment of said notes.
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Appeal from Jasper District Court. Action op Right. The facts, as agreed upon by the parties, are as follows: In October, 1857, one Nathan Cole was tbe owner in fee of tbe lands in controversy, and sold tbe same to defendant, received about $700 of the purchase money, took two notes for tbe balance, and gave a bond for a deed upon tbe payment of said notes. Natban Cole assigned these notes to plaintiff, who sued upon them, obtained a judgment and execution, and sold thereunder all tbe interest, right and title of tbe defendant in and to tbe said lands. Defendant, in February, 1861, and after…
1Opinion of the CourtWright, J.
Appellee seeks to sustain the judgment of the court below upon two grounds: First; That defendant is to be treated as á tenant at will of plaintiff, and, as such, had not sufficient or proper notice to quit: Second; That he had the legal title.
Counsel entirely mistakes the relation existing between these parties. Defendant was not the plaintiff’s tenant. The doctrine applicable to a tenancy at will, has, therefore, nothing to do with this case. It is very manifest that defendant entered into possession under the contract of sale, and, in a legal action, he was bound to surrender such…
2Cases cited1 opinion
- Harmon v. SteinmanSupreme Court of Iowa · 1859
3Cited by5 opinions
- Rosholt v. MehusNorth Dakota Supreme Court · 1894
- Solary v. HewlettSupreme Court of Florida · 1882
- Moen v. LillestalNorth Dakota Supreme Court · 1895
- Minor v. Interstate Gravel Co.Mississippi Supreme Court · 1922
- Utley v. BooneSupreme Court of Iowa · 1941