Simplot v. Simplot
Supreme Court of Iowa
Appeal from Dubuque District Court. In Equity. The bill alleges that complainant sold and conveyed to respondent forty acres of land near Dubuque; that payment was made by assigning to him certain notes, and a mortgage given to secure the same, on one Cooley; that respondent represented these notes to be perfectly good, and the mortgaged premises to be clear of all prior incumbrance; that such representations were fraudulent, known to be so ; that they were relied upon; and…
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Appeal from Dubuque District Court. In Equity. The bill alleges that complainant sold and conveyed to respondent forty acres of land near Dubuque; that payment was made by assigning to him certain notes, and a mortgage given to secure the same, on one Cooley; that respondent represented these notes to be perfectly good, and the mortgaged premises to be clear of all prior incumbrance; that such representations were fraudulent, known to be so ; that they were relied upon; and various other matters showing fraud, &c. It'was also shown that suits had been commenced against Cooley on these notes;…
1Opinion of the CourtWright, J.
That the master found the facts correctly under the testimony submitted, we entertain no doubt. The paramount inquiry is, whether under the pleadings complainant was entitled to the relief granted. '
*453If the master’s report and decree of the court w.ere based upon the proposition that respondent practised fraud in inducing complainant to change the original verbal agreement and take the Cooley indebtedness, we are prepared to concur therein, for we think the charges in the original bill on this subject are fully and sufficiently established. But if this is not true, the case can be placed…
2Cited by3 opinions
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- Shepard v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1889
- Missouri, Kansas & Texas Trust Co. v. RichardsonNebraska Supreme Court · 1899