Riley v. Bell
Supreme Court of Iowa
Appeal from Adams District Court. — HoN. H. M. Townee, Judge. On December 1,1890, G.W. Frank, residing in the state of Nebraska, was the owner of one hundred and twenty acres of land in Adams county, this state, which land he had •placed in the hands of the defendant, Bell, then a real estate agent residing at Corning, in said county, for sale.
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Appeal from Adams District Court. — HoN. H. M. Townee, Judge. On December 1,1890, G.W. Frank, residing in the state of Nebraska, was the owner of one hundred and twenty acres of land in Adams county, this state, which land he had •placed in the hands of the defendant, Bell, then a real estate agent residing at Corning, in said county, for sale. On the date named, Bell negotiated a sale of the land to plaintiff, and a contract in writing was executed and delivered, the material provisions' thereof being that the purchase price should be paid in installments, the last one to become due and…
1Opinion of the CourtBishop, C. J.
It appears from the record that the defendant was for many years a business man at Corning, the seat of Adams county, and well known to plaintiff; that the latter is an aged farmer, having little or no education, and who resides near Corning; that defendant, acting as the agent of Frank, negotiated the sale of the land in question to plaintiff, and at the time thereof such land was incumbered by the lien of the Loomis mortgage; andthat at the time of making the contract, and of his payments thereunder, plaintiff had no actual knowledge of the existence of such mortgage. We think it further…
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