Brown v. Zachary
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. D. Ryan, Judge. It is charged in the petition that in .April, 1890, D. T. Brown, since deceased, entered into a verbal contract with the defendant, R. B. Zachary, by the terms of which said Brown was to transfer a certain three hundred and thirty-nine acres of land in Jasper county, Iowa, and a certain one hundred and sixty acres of land in Cedar county, Neb., to said Zachary, for an agreed consideration of fifteen thousand dollars,…
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Appeal from Jasper District Court. — Hon. D. Ryan, Judge. It is charged in the petition that in .April, 1890, D. T. Brown, since deceased, entered into a verbal contract with the defendant, R. B. Zachary, by the terms of which said Brown was to transfer a certain three hundred and thirty-nine acres of land in Jasper county, Iowa, and a certain one hundred and sixty acres of land in Cedar county, Neb., to said Zachary, for an agreed consideration of fifteen thousand dollars, to be paid as follows: Zachary was to assume and pay a certain six thousand five hundred dollar ■mortgage then on the'…
1Opinion of the CourtKinne, C. J.
1 I. November 16, 1894, L. E. Zachary was made a party defendant. Plaintiffs charged that he was a party to the fraudulent transactions stated in the petition and to the representations made, and that the trade was the result of a conspiracy by the Zacharys to defraud Brown. It appears from the evidence that the land purchased by Fullington, and by him mortgaged to secure the five thousand three hundred dollars in notes, was owned by L. E, Zachary, and by him conveyed to Fullington. Prior to the time L. E. Zachary was made a party defendant, the plaintiff had taken the depositions of…
2Cases cited8 opinions
- Campbell v. . HallNew York Court of Appeals · 1858
- Brady v. BurkeCalifornia Supreme Court · 1891
- Watson v. ChesireSupreme Court of Iowa · 1865
- Van Buren Bryan v. MalloySupreme Court of North Carolina · 1884
- Wood v. . SwiftNew York Court of Appeals · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. BlodgettSupreme Court of Iowa · 1909
- Brown v. TannerDistrict Court of Appeal of Florida · 1964