Funk v. Creswell
Supreme Court of Iowa
Appeal from the Des Momes District Gowrt. Suit before a Justice of tbe Peace, on tbe covenant of warranty, in a deed of conveyance from defendants to plaintiff, to recover the sum of twenty-two dollars and five cents, for tkxes, alleged to have been incumbrances upon tbe property at tbe time it was conveyed, and which, defendants refusing to pay, bad been paid by plaintiff.
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Appeal from the Des Momes District Gowrt. Suit before a Justice of tbe Peace, on tbe covenant of warranty, in a deed of conveyance from defendants to plaintiff, to recover the sum of twenty-two dollars and five cents, for tkxes, alleged to have been incumbrances upon tbe property at tbe time it was conveyed, and which, defendants refusing to pay, bad been paid by plaintiff. On the trial before tbe justice, a demurrer to tbe petition was overruled; and tbe facts alleged, being admitted to be true, judgment was rendered in favor of tbe plaintiff, for tbe amount paid by him to free tbe property…
1Opinion
PETITION FOR A RE-IiEARING:
We are not in the habit of complaining of the decisions of this Court, or of asking a re-hearing in doubtful cases. This is the first application of the kind we have ever made; and nothing but a perfect conviction that, in this case, the law is with us, has induced us to ask the Court to re-consider its decision. Although the amount in controversy is small, the question involved is of the highest importance. This consideration, together with the fact that our former argument was little more than the statement of a case, which seemed to us to argue itself, is, we…
2Cases cited18 opinions
- Mills v. CatlinSupreme Court of Vermont · 1849
- Frost v. RaymondNew York Supreme Court · 1804
- Greenby v. WilcocksNew York Supreme Court · 1806
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Hutcheson v. BlakemanCourt of Appeals of Kentucky · 1860
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