Noel v. Horton
Supreme Court of Iowa
Appeal from Dallas District Court. The plaintiff filed his amended and substituted petition as follows: “1. That on the-day of December, 1877, the plaintiff was the absolute and unqualified owner of the following described real estate situated in Dallas county and State of Iowa, fo wit: The southeast'quarter of section No. thirty-six (36), in township No. eighty-one (81) north, of range No. twenty-seven (27) west of the fifth P. M., Iowa.
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Appeal from Dallas District Court. The plaintiff filed his amended and substituted petition as follows: “1. That on the-day of December, 1877, the plaintiff was the absolute and unqualified owner of the following described real estate situated in Dallas county and State of Iowa, fo wit: The southeast'quarter of section No. thirty-six (36), in township No. eighty-one (81) north, of range No. twenty-seven (27) west of the fifth P. M., Iowa. That said real estate ■on said date was of the reasonable value of one thousand dollars. “2. That plaintiff held and owned said land by virtue of a tax…
1Opinion of the CourtDay, J.
1. FjR-AtrDTrlent representations: subject-matter. The representations relied upon relate to matters of mere collateral inducement, and not to matters, affecting the essence and substance of the contract. The plaintiff knew that he was under no legal obligation to execute the conveyance or to permit re-No representation was made to induce him to believe that any such legal obligation existed, or that any legal compulsion could be employed. If the defendant had falsely represented that the owner of the land at the time of the tax sale was a minor or a lunatic, or that the taxes had been paid…
2Cited by4 opinions
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- Blair v. ButtolphSupreme Court of Iowa · 1887
- American Building & Loan Ass'n v. BearNebraska Supreme Court · 1896
- Hurley v. Young Men's Christian Ass'nArizona Supreme Court · 1914