Relf v. Eberly
Supreme Court of Iowa
Appeal from Winneshiek Districi ■ Coitrt. Inequity. — The petition filed February 13, 1867, alleges that in March, 1860, defendant being indebted to plaintiff in the sum of $700, represented that he had a tract of land in Jasper county, in this State; that it was of a certain quality, etc.; that plaintiff was ignorant of the quality and location of the land, relied upon defendant’s representations, was induced thereby to take the same in payment of said indebtedness, and…
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Appeal from Winneshiek Districi ■ Coitrt. Inequity. — The petition filed February 13, 1867, alleges that in March, 1860, defendant being indebted to plaintiff in the sum of $700, represented that he had a tract of land in Jasper county, in this State; that it was of a certain quality, etc.; that plaintiff was ignorant of the quality and location of the land, relied upon defendant’s representations, was induced thereby to take the same in payment of said indebtedness, and that defendant made him a deed, etc. It is further averred that all these representations were false and fraudulent,…
1Opinion of the CourtWright, J.
l. Limitation, STATUTE OF 5 same in equity as at law: fmua. The statute provides that actions brought for relief on the ground of fraud in cases heretofore solely coqnizable in a cov/rt of chancery must be - ... _ ° . brought within, hve years alter their causes ° ^ * accrue and not afterward, except when otherwise specially declared. Rev. § 2740, clause 3. And then by the next section it is declared that: “In actions for *469relief on the ground of fraud as above contemplated, the. cause of action will not be deemed to have accrued until the discovery of the fraud by the party aggrieved.”
And now…
2Cases cited4 opinions
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828
- Troup v. Executors of SmithNew York Supreme Court · 1822
- McLenan v. SullivanSupreme Court of Iowa · 1862
- Brown v. WhiteIndiana Supreme Court · 1834
3Cited by22 opinions
- Ogg v. RobbSupreme Court of Iowa · 1917
- Williams v. AllisonSupreme Court of Iowa · 1871
- McKay v. McCarthySupreme Court of Iowa · 1909
- Bacon v. ChaseSupreme Court of Iowa · 1891
- Carrier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
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