Laverty v. Hall's Administratrix
Supreme Court of Iowa
Appeal from Polk District Court. Specific performance. — The defendant, Sytha, J., is the administratrix of the estate of Edwin Hall, deceased. The object of the petition, which is in equity, is to obtain a conveyance of lot 5, block '3, Hall’s addition to- Des Moines.
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Appeal from Polk District Court. Specific performance. — The defendant, Sytha, J., is the administratrix of the estate of Edwin Hall, deceased. The object of the petition, which is in equity, is to obtain a conveyance of lot 5, block '3, Hall’s addition to- Des Moines. The petition alleges that Edwin Hall in his lifetime, sold this lot to one Spain, who entered upon and made valuable improvements thereon; that Spain sold his interest therein to the plaintiff for $800, the plaintiff assuming to pay Hall the balance of the purchase-money due from Spain. “ In consideration of $236.76 with ten…
1Opinion of the CourtDillon, J.
i. specific I. As the demurrer questions the sufficiency of the petition, assuming the facts therein stated to be true, all of the materials of it have been set out in the statement.
It is first claimed by appellant that the long delay by the appellee to pay for the lot, or to bring this suit, will defeat his right to a specific performance or to damages. *529This will depend upon the circumstances as they may appear upon the trial. The views of this court on this subject will be found in Young v. Daniels, 2 Iowa, 126; Collins v. Vandever, 1 Id., 573, 577.
It being alleged that plaintiff's assignor…
2Cases cited2 opinions
- Collins v. VandeverSupreme Court of Iowa · 1855
- Young v. DanielsSupreme Court of Iowa · 1855
3Cited by9 opinions
- Anson v. AnsonSupreme Court of Iowa · 1865
- Auxier v. TaylorSupreme Court of Iowa · 1897
- McWhirter v. CrawfordSupreme Court of Iowa · 1897
- Brown v. WardSupreme Court of Iowa · 1899
- Martin v. HarperSupreme Court of Iowa · 1922
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