Wormley v. Hamburg
Supreme Court of Iowa
Appeal from Tama District Court. ■ ON the 31st of January, 1873, plaintiff filed bis petition in substance alleging that November 26, 1870, one E. Parle sold and conveyed a certain ten acres of land to S. O. Breese, plaintiff’s intestate.
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Appeal from Tama District Court. ■ ON the 31st of January, 1873, plaintiff filed bis petition in substance alleging that November 26, 1870, one E. Parle sold and conveyed a certain ten acres of land to S. O. Breese, plaintiff’s intestate. That on December 30tli, 1870, Breese and the defendant Malinda Hamburg, entered into a written contract whereby said Breese, agreed to convey said land to said Malinda, upon payment of $1,000.00, as follows: $200.00, April 1, 1871; $500.00, June 1,1871; and $300.00, November 10, 1870, for which sums she executed her three several promissory notes, signed…
1Opinion of the CourtDay, J.
I. L. Merchant was introduced as a witness for the defendants, and, against the objections of plaintiff, was permitted to testify that he bought the land in second petition described at sheriff’s sale, and that before the expiration of the period of redemption Breese proposed to loan money to redeem, provided witness would execute to him a warranty deed. That he had not then received a sheriff’s deed, but that Hamburg and wife conveyed to him, and he conveyed to Breese, and Breese let Hamburg have between $1,480 and $1,490,- and was to execute a board for a deed to Hambui’g’s wife on…
2Cited by27 opinions
- State Ex Rel. Leas in Interest of O'NealSupreme Court of Iowa · 1981
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Wylie v. CharltonNebraska Supreme Court · 1895
- German American Savings Bank v. HannaSupreme Court of Iowa · 1904
- Linnemann v. KirchnerSupreme Court of Iowa · 1920
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