Moore v. Pierson
Supreme Court of Iowa
Appeal from the DesMoim.es District Court In Chancery. Petition prays the specific performance of a contract in relation to certain real estate. Abner Pierson is charged with holding the legal title to one hundred and sixty acres of the land, and the equitable title to the other eighty — the legal title to that, being in the respondent, John Pierson, the father of the said Abner.
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Appeal from the DesMoim.es District Court In Chancery. Petition prays the specific performance of a contract in relation to certain real estate. Abner Pierson is charged with holding the legal title to one hundred and sixty acres of the land, and the equitable title to the other eighty — the legal title to that, being in the respondent, John Pierson, the father of the said Abner. The other respondent, O. B. Matteson, claims to be a purchaser for a valuable consideration, without notice of the outstanding contract with complainant. In 1854, Abner Pierson resided in California, and the…
1Opinion of the Court
"Weight, C. J.
— The objections made by respondents to the decree below, may be considered under four heads: First: That no contract was ever made between complainant and Abner Pierson, which can be enforced. Second: If any contract was made, Pierson was induced to enter into it by fraud and misrepresentations of complainant. Third: That Abner Pierson never had any right, legal or equitable, to eighty acres of the land; and that as to this, there can be no decree in favor of complainant, and, therefore, his action must fail. Fourth: That Matteson was an innocent purchaser, without notice of…
2Cases cited14 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Storrs v. BarkerNew York Court of Chancery · 1822
- Johnston v. GlancyIndiana Supreme Court · 1835
- Lucas v. HartSupreme Court of Iowa · 1857
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3Cited by24 opinions
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- McClellan v. AshleySupreme Court of Virginia · 1958
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- Craven v. WinterSupreme Court of Iowa · 1874
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