Wright v. Leclaire
Supreme Court of Iowa
Appeal from the Scott District Court. Bill in chancery to enforce the specific performance of a contract relating to certain ont-lots in the city of Davenport. The case was heard on the pleadings, exhibits and depositions, and the issues found for the defendant.
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Appeal from the Scott District Court. Bill in chancery to enforce the specific performance of a contract relating to certain ont-lots in the city of Davenport. The case was heard on the pleadings, exhibits and depositions, and the issues found for the defendant. From a record covering nearly two hundred pages, we gather that the facts are substantially these: On the 14th of December, 1840, the defendant sold to one John A. Gano (the father of the complainants), said out-lots, being twenty-five and twenty-six in his second addition to the town of Davenport. He executed to Gano the usual bond…
1Opinion of the CourtWeight, C. J.
To defeat the plaintiff’s action, "and sustain the decree below, the appellee relies upon two grounds: First, the statute of limitations, which he sets up by plea, supported by an answer; and Second, that by. the judgment, execution and sale, the right of the complainants to call for a specific performance was extinguished.
*226This case was before this court at the December term, 1854. At that time, defendant had set up his defence of the statute ■of limitations, to which there Was a demurrer. This demurrer haying been overruled by the court below, complainants ¡appealed, and this court held the…
2Cases cited18 opinions
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- Kane v. BloodgoodNew York Court of Chancery · 1823
- Smith v. McIverSupreme Court of the United States · 1824
- Henry Miller's Heirs & Devisees v. M'IntyreSupreme Court of the United States · 1832
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
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3Cited by14 opinions
- Epperly v. FergusonSupreme Court of Iowa · 1902
- Dwight v. City of Des MoinesSupreme Court of Iowa · 1916
- Campbell v. LongSupreme Court of Iowa · 1866
- O'Connor v. Grand Lodge of Ancient Order of United WorkmenCalifornia Supreme Court · 1905
- Garst v. BrutscheSupreme Court of Iowa · 1905
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