Legal Opinion

Brown v. Barngrover

Supreme Court of Iowa

Decided February 6, 1891PublishedCited by 14 opinions

Appeal from, Taylor District Court. — Hon. John W. Harvey, Judge. The plaintiff’s petition shows a written contract between the plaintiff and M. G. Barngrover, whereby an exchange of real estate was agreed upon ; the plaintiff giving a certain house and lot in Bedford, subject to a mortgage of one hundred dollars, which the defendant assumed for a certain one hundred and sixty acres of land, subject to a mortgage of eighteen hundred dollars, which the plaintiff assumed.

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Appeal from, Taylor District Court. — Hon. John W. Harvey, Judge. The plaintiff’s petition shows a written contract between the plaintiff and M. G. Barngrover, whereby an exchange of real estate was agreed upon ; the plaintiff giving a certain house and lot in Bedford, subject to a mortgage of one hundred dollars, which the defendant assumed for a certain one hundred and sixty acres of land, subject to a mortgage of eighteen hundred dollars, which the plaintiff assumed. That afterwards the defendant handed to the plaintiff a deed conveying said land, and an abstract purporting to show the…

1Opinion of the CourtGiven, J.

I. We first inquire as to the validity •of the judgment confessed by Isabella Garrón and 1. judgments recordí val™-: ity-others in favor of C. Aultman & Co. The sworn statement upon which the judgment was entered shows that the parties making it were justly indebted to C. Aultman & Co., and states that the indebtedness arose as follows : “ On or about the twenty-sixth-day of July, 1881, the said Isabella Gar-rón, George Garrón, N. It. Biley and J. A. Scroggie, made, executed and delivered to the said C. Aultman & Co. their three certain promissory notes in writing, words and figures as shown…

2Cases cited4 opinions

  1. Vanfleet v. PhillipsSupreme Court of Iowa · 1861
  2. Miller v. ClarkeSupreme Court of Iowa · 1873
  3. Andrew v. ConcannonSupreme Court of Iowa · 1888
  4. Carr v. Bosworth & SonsSupreme Court of Iowa · 1887

3Cited by14 opinions

  1. Dunn v. Zwilling Bros.Supreme Court of Iowa · 1895
  2. Moreno v. VietorSupreme Court of Iowa · 1968
  3. Schurz v. SchurzSupreme Court of Iowa · 1910
  4. State v. KoenigSupreme Court of Iowa · 1949
  5. Ware v. Delahaye & PurdySupreme Court of Iowa · 1895

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