Sweeney v. O'Hora
Supreme Court of Iowa
Appeal from Wapello District Court. In November, 1870, Michael Pearson was the owner of three forties of land, lying in the form of a rectangle. The plaintiff purchased thirty acres off from the east side, and ten acres off from the west side of this tract. The defendant purchased the intermediate eighty acres. On the west line of the west ten acres, purchased by plaintiff, was an entrance to a coal bank. There was no other entry to the coal on any other part of the land.
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Appeal from Wapello District Court. In November, 1870, Michael Pearson was the owner of three forties of land, lying in the form of a rectangle. The plaintiff purchased thirty acres off from the east side, and ten acres off from the west side of this tract. The defendant purchased the intermediate eighty acres. On the west line of the west ten acres, purchased by plaintiff, was an entrance to a coal bank. There was no other entry to the coal on any other part of the land. The plaintiff and defendant each paid Pearson the same price per acre, the plaintiff paying five hundred dollars and the…
1Opinion of the CourtDay, J.
The parol testimony clearly establishes the contract as claimed by plaintiff. The plaintiff’s testimony,'as to the terms of the contract, is clear and positive, and he is corroborated with more or less directness and force by the testimony of six witnesses: The defendant denies that the contract was made as claimed b}7 plaintiff, and with equal positiveness testifies that its terms were as set up by him in his answer. He is corroborated solely by the testimony of his wife. The preponderance of the testimony is very clearly and satisfactorily in favor of 'plaintiff. The only question is…
2Cases cited4 opinions
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Darrance v. PrestonSupreme Court of Iowa · 1865
- Young v. DanielsSupreme Court of Iowa · 1855
- Rudolf v. CovellSupreme Court of Iowa · 1858
3Cited by13 opinions
- Davis v. DavisSupreme Court of Iowa · 1968
- Fairall v. ArnoldSupreme Court of Iowa · 1939
- In Re Lindsey's EstateSupreme Court of Iowa · 1962
- Savage v. LeeIndiana Supreme Court · 1885
- Peddicord v. PeddicordSupreme Court of Iowa · 1951
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