Robertson v. Seevers
Supreme Court of Iowa
Appeal from the Poweshieh District Court. On the 15tb of March, 1854, tbe defendant herein executed to plaintiff the following receipt: “ Oskaloosa, March 15th. “ Received of John T. Robertson, fifty dollars, to enter the southwest quarter of northwest quarter of section 8, in township 76 north, range 15 west. Jas. A. Seevers.” It appears that for his trouble in and about entering said lands, plaintiff paid defendant, at the time of executing said receipt, one dollar.
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Appeal from the Poweshieh District Court. On the 15tb of March, 1854, tbe defendant herein executed to plaintiff the following receipt: “ Oskaloosa, March 15th. “ Received of John T. Robertson, fifty dollars, to enter the southwest quarter of northwest quarter of section 8, in township 76 north, range 15 west. Jas. A. Seevers.” It appears that for his trouble in and about entering said lands, plaintiff paid defendant, at the time of executing said receipt, one dollar. It is further shown, that defendant did obtain from the proper land office, a duplicate in plaintiff’s name, for forty acres…
1Opinion of the CourtStockton, J.
The first question raised by the defendant is, as to the correctness of the instruction given by the court, at the request of plaintiff. That instruction was as follows:
“ That if defendant agreed to enter for hire or compensation, for plaintiff, the southwest quarter of northwest quarter of section 8, township 78 north, range 15 west, and through mistake entered instead thereof, the southwest quarter of northwest quarter section 8, town 76 north, range 16 west, the plaintiff can recover without making and executing, and tendering a deed for said last-mentioned tract to defendant.” The…
2Cited by1 opinion
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