Parshall v. Moody
Supreme Court of Iowa
Appeal from Lucas District Court. This suit was originally brought at law m attachkigjrt, against John B. Moody and Mary A. Moody. It appears'^ from the record, that the original court files were lost, at some date not given, and that, by order of court, the parties were required to file substituted papers.
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Appeal from Lucas District Court. This suit was originally brought at law m attachkigjrt, against John B. Moody and Mary A. Moody. It appears'^ from the record, that the original court files were lost, at some date not given, and that, by order of court, the parties were required to file substituted papers. This was done May 10, 1867, and the pleadings thus filed are substantially of the following character: The petition avers that defendants, John B. and Mary A. Moody, on the of 1858, entered into a contract with plaintiff for the purchase of certain lands in Lucas county, setting out the…
1Opinion of the CourtBeck, J.
We will not undertake to determine whether the petition attempts to charge the heirs of Mary A. Moody as liable on the contract of warranty in the deed made by her and John B. Moody, for the Botlunore lot, or on the original contract of sale, or for fraud in the transaction. It is a difficult matter to determine just what the cause of action is, and it is not important for the proper decision of this case. Neither can we- determine, considering the petition and argument together, whether the plaintiff seeks a judgment against the heirs for the amount sued for, or, as to them, the action is in…
2Cases cited2 opinions
- Unknown Heirs of Whitney v. KimballIndiana Supreme Court · 1853
- Kriechbaum v. BridgesSupreme Court of Iowa · 1855
3Cited by5 opinions
- Tod v. CrismanSupreme Court of Iowa · 1904
- Gunnar v. Town of MontezumaSupreme Court of Iowa · 1940
- Coe v. AndersonSupreme Court of Iowa · 1894
- Clearfield Bank v. OlinSupreme Court of Iowa · 1900
- Abell v. HowatSupreme Court of Iowa · 1961