Severson v. Kock
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. David Mould, Judge. This action was brought to cancel a written contract and deed, on the ground that the same were procured by fraudulent representations and failure of title, and on the further ground of an alleged rescission by plaintiff, after discovery by him that defendants did not have title to the property, and after he found that the representations were false. There was a decree for plaintiff. The defendants appeal.
1Opinion of the CourtPreston, J.
On February 3, 1911, the defendant Jurgen Kock made a quitclaim deed to plaintiff for certain real estate *345in Sioux City, and on the: same day the parties entered into a written contract in reference thereto. Among other things, said contract provided that plaintiff was to assume and pay the mortgages and liens then on said property. The plaintiff alleges that said defendant represented that he was the owner in fee simple of the property, and that the liens and incumbrances thereon did not exceed $40,000; and that the $25,000 mortgage on the property was a first mortgage, and could be carried…
2Cases cited14 opinions
- Riley v. BellSupreme Court of Iowa · 1903
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- Boddy v. HenrySupreme Court of Iowa · 1901
- New York Brokerage Co. v. WhartonSupreme Court of Iowa · 1909
- Wilcox v. Iowa Wesleyan UniversitySupreme Court of Iowa · 1871
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harvey v. PhillipsSupreme Court of Iowa · 1922
- Hall v. CrowSupreme Court of Iowa · 1948
- Morris v. HanssenSupreme Court of Missouri · 1934
- Service Life Insurance v. McCulloughSupreme Court of Iowa · 1944
- Dilenbeck v. DavisSupreme Court of Iowa · 1919
8 more not listed; retrieve them via the Exa API.