Hawn v. Malone
Supreme Court of Iowa
Appeal from Guthrie District Gowrt. — J. H. Applegate, Judge. Plaintiffs claim to Pave conveyed a tract of land to the defendants, subject to certain incumbrances thereon which were deducted from the purchase price, and which plaintiffs .were compelled to pay; and this action is brought to recover the amount thereof.
1Opinion of the CourtStevens, J.
1. mortgages: transfers sub-jeet to mortgage : duty of vendee to pay. On October 21, 1912, plaintiffs were the owners of 400 acres of land in Charles Mix County, South Dakota, and the defendants, of a 240-acre tract in P'olk County, Iowa. On that date, they entered into a written contract, by the terms of which plaintiffs agreed to convey the Da-J kota land to the defendants, and the defendants, to convey the Polk County land to plaintiffs. A. deed was executed by plaintiffs on October 28th, reciting a consideration of $2-8,000, containing the following provision:
“It is understood and agreed…
2Cases cited12 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Foy v. ArmstrongSupreme Court of Iowa · 1901
- Lamka v. DonnellySupreme Court of Iowa · 1913
- Bristol Savings Bank v. StigerSupreme Court of Iowa · 1892
- Hull & Co. v. AlexanderSupreme Court of Iowa · 1869
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Smith v. StowellSupreme Court of Iowa · 1964
- Fain Land & Cattle Co. v. HassellArizona Supreme Court · 1990
- Maasdam v. Estate of MaasdamSupreme Court of Iowa · 1946
- Shult v. DoyleSupreme Court of Iowa · 1925
- Snater v. WaltersSupreme Court of Iowa · 1959
12 more not listed; retrieve them via the Exa API.