Holladay v. Johnson
Supreme Court of Iowa
Appeal from Webster District Court. ACTION to enforce specific performance of a contract for the purchase of lands. The answers of the several defendants set up allegations as to the validity of the sale, but asked for no affirmative relief.
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Appeal from Webster District Court. ACTION to enforce specific performance of a contract for the purchase of lands. The answers of the several defendants set up allegations as to the validity of the sale, but asked for no affirmative relief. The court decreed that the sale was invalid, and reserved “to the purchaser and his assignees the right to pursue all their proper remedies for the recovery of said estate [of which the plaintiff is the administrator,] whatever payments may have been made for and on account of such purchase, and that they have a specific lien on said lands for the…
1Opinion of the CourtWright, J.
I. The decree below must be reversed for the reason that affirmative relief is granted respondents, without being asked either by cross-bill or otherwise. Compton v. Corner, 4 Iowa, 577; Armstrong v. Pierson, 5 Ib., 317; McGregor v. McGregor, 9 Ib., 65.
II. An order was made in November, 1859, referring the cause to a master to ascertain and report the amount of respondents’ liens upon the land named in the bill. The report was made in April, 1860, and a decree entered confirming the report, ordering that the amount found due, should be a lien, and that the premises be sold to satisfy the…
2Cases cited1 opinion
- Compton v. ComerSupreme Court of Iowa · 1857
3Cited by2 opinions
- Miller v. KramerSupreme Court of Iowa · 1910
- Salem v. SalemSupreme Court of Iowa · 1953