Von Phul v. Hammer
Supreme Court of Iowa
Appeal from Jasper Circuit Court. Monday, July 25. Action to foreclose a mortgage upon a lot in the town of Newton, given to secure the payment of a part of the purchase price. Defence, that there was an incumbrance on the lot at the time plaintiff conveyed the same to defendant by deed containing covenants against incumbrances ; and that there was an incumbrance of ninety-five dollars for a sidewalk tax, which the defendant had paid to the town of Newton.
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Appeal from Jasper Circuit Court. Monday, July 25. Action to foreclose a mortgage upon a lot in the town of Newton, given to secure the payment of a part of the purchase price. Defence, that there was an incumbrance on the lot at the time plaintiff conveyed the same to defendant by deed containing covenants against incumbrances ; and that there was an incumbrance of ninety-five dollars for a sidewalk tax, which the defendant had paid to the town of Newton. Trial to the court on agreed statement of facts, and judgment of foreclosure for the amount claimed, .less the sidewalk tax. The plaintiff…
1Opinion of the Court
Cole, Ch. J.
The town of Newton was incorporated by act of the sixth general assembly, approved January 26, 1857. See laws of 1857, p. 143. Afterward the new constitution was adopted, and took effect August 15, 1857 : and by article 3, section 30 thereof, the general assembly is prohibited from passing local or special laws for the incorporation of cities and towns. By a general law for the incorporation of cities and towns, *223which took effect July 4, 1858 (Rev. ch. 51), it was provided that “ the charter or act of incorporation of any city or town in this state may be amended in the manner ”…
2Cases cited2 opinions
- Ex parte PritzSupreme Court of Iowa · 1859
- Town of McGregor v. BayliesSupreme Court of Iowa · 1865
3Cited by10 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- State ex rel. West v. City of Des MoinesSupreme Court of Iowa · 1896
- Strosser v. City of Fort WayneIndiana Supreme Court · 1885
- Haskel v. City of BurlingtonSupreme Court of Iowa · 1870
- Town of Longview v. City of CrawfordsvilleIndiana Supreme Court · 1905
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