Birdsall v. Birdsall
Supreme Court of Iowa
Appeal from Dallas District Court. — I-Ion. J. H. Apple-gate, Judge. ■ Action in equity to enforce the specific performance by defendant of a contract to convey entered into between defendant and plaintiffs. Plaintiffs alleged ownership of the property and the tender of a warranty deed constituting full compliance with the contract on their part and the refusal of the defendant .to accept.
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Appeal from Dallas District Court. — I-Ion. J. H. Apple-gate, Judge. ■ Action in equity to enforce the specific performance by defendant of a contract to convey entered into between defendant and plaintiffs. Plaintiffs alleged ownership of the property and the tender of a warranty deed constituting full compliance with the contract on their part and the refusal of the defendant .to accept. Defendant pleaded in answer, in effect, that the title of plaintiffs was defective, setting out the facts constituting such alleged defect. There was a demurrer to this answer on the ground that the facts…
1Opinion of the CourtMcClain, J.
— The property to which this controversy relates is a specific portion described by metes and bounds, of the N. "W. % of section 30, township 81 N., of range 27 W., of the fifth prime meridian, in Dallas county, and plaintiffs trace their title through their grandfather, S. G. Birdsall, who died seised of the entire quarter section, leaving *365a will, of which the following is the significant paragraph: “Third. . . . Subject to life estate of my said wife, Martha Maria Birdsall, I give, devise and bequeath to my son, Walter Gilson Birdsall and his wife, Nora Birdsall, the use, control 'and…
2Cases cited18 opinions
- Purdy v. . HaytNew York Court of Appeals · 1883
- Ducker v. BurnhamIllinois Supreme Court · 1893
- Archer v. JacobsSupreme Court of Iowa · 1904
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Taylor v. TaylorSupreme Court of Iowa · 1902
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Fulton v. FultonSupreme Court of Iowa · 1917
- Katz Investment Co. v. LynchSupreme Court of Iowa · 1951
- Henkel v. AuchstetterSupreme Court of Iowa · 1949
- Atchison v. FrancisSupreme Court of Iowa · 1917
- Lingo v. SmithSupreme Court of Iowa · 1916
19 more not listed; retrieve them via the Exa API.