Montgomery County v. American Emigrant Co.
Supreme Court of Iowa
Appeal from Montgomery District Gou/rt. Action in equity to set aside a contract between the plaintiff and the American Emigrant Company, and a deed from plaintiff to said company; to quiet in the plaintiff the title to certain lands, and to require the defendant, Savery, to account for certain money received by him. -The facts are stated in the opinion.
Read the full summary
Appeal from Montgomery District Gou/rt. Action in equity to set aside a contract between the plaintiff and the American Emigrant Company, and a deed from plaintiff to said company; to quiet in the plaintiff the title to certain lands, and to require the defendant, Savery, to account for certain money received by him. -The facts are stated in the opinion. The district court set aside the contract and deed, quieted the title to the lands in the plaintiff, but did not render' judgment against Savery for the money received by him. Both plaintiff and American Emigrant Company appeal, the plaintiff…
1Opinion of the CourtAdams, J.
I. Judgment was rendered in this case by default against the defendant, Savery, for the sum of $9,957, for money received by him as agent of the plaintiff, and against the defendant, Allen, as his surety. Afterward, the said Savery and Allen filed a petition to set aside the default, and set up in said petition, by way of’ defense, and among other things, the statute of limitations. The default was set aside arid the judgment vacated, on the ground that the claim was, barred by the statute of limitations. To the action of the court in this' respect the plaintiff excepted.
i.'judgment:…
2Cited by5 opinions
- Lockwood v. HalseySupreme Court of Kansas · 1889
- County of Buena Vista v. I. F. & S. C. R. Co.Supreme Court of Iowa · 1878
- Faxon v. BaldwinSupreme Court of Iowa · 1907
- Turner v. LoomisSupreme Court of Iowa · 1910
- Rodenkirch v. LaytonSupreme Court of Iowa · 1920