Baldwin v. Thompson
Supreme Court of Iowa
Appeal from Johnson District Court. This is a suit in equity, brought to set aside and cancel a Sheriff’s sale and deed of certain real estate in Johnson County. On or about the first of March, 1860, the plaintiff traded farms with one Lucas, both farms being situated in Johnson County; the plaintiff giving his farm and nine hundred and fifty dollars cash in exchange for the real estate in controversy.
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Appeal from Johnson District Court. This is a suit in equity, brought to set aside and cancel a Sheriff’s sale and deed of certain real estate in Johnson County. On or about the first of March, 1860, the plaintiff traded farms with one Lucas, both farms being situated in Johnson County; the plaintiff giving his farm and nine hundred and fifty dollars cash in exchange for the real estate in controversy. The contract for exchange was in parol; but the plaintiff gave to Lucas full possession of his farm on or about the day the contract was made, and received partial possession of the real estate…
1Opinion of the CourtCole, J.
I. The parol contract for the exchange of farms being accompanied by the delivery of actual possession of the lands exchanged, in accordance with the contract, became valid and binding. Rev. of 1860, §§ 4007, 4008. The subsequent disagreement in relation to the payment or manner of securing the balance due on the Cavanagh mortgage, could not, at the election of a third party, defeat or rescind the contract. The plaintiff having taken full and actual possession of the lands acquired from Lucas by the exchange, before the defendant Thompson recovered his judgment against Lucas, such possession…
2Cases cited3 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Buchan v. SumnerNew York Court of Chancery · 1847
- Courtney v. CarrSupreme Court of Iowa · 1858
3Cited by16 opinions
- Sheehy v. ScottSupreme Court of Iowa · 1905
- Burden v. SheridanSupreme Court of Iowa · 1872
- Burton v. HintragerSupreme Court of Iowa · 1865
- In re the Estate of MillerSupreme Court of Iowa · 1909
- Shields v. KeysSupreme Court of Iowa · 1868
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