Wanless v. McCandless
Supreme Court of Iowa
Appeal from Hancoclc District Court. Action in chancery to compel the specific performance of a contract to sell and convey certain lands in Hancock county, by defendant, McCandless, to plaintiff, and to set aside a deed for the same lands made by McCandless to defendant, Clark. There was a trial in the District Court upon the merits of‘the case, and a decree rendered dismissing plaintiff’s petition. He now appeals to this court.
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Appeal from Hancoclc District Court. Action in chancery to compel the specific performance of a contract to sell and convey certain lands in Hancock county, by defendant, McCandless, to plaintiff, and to set aside a deed for the same lands made by McCandless to defendant, Clark. There was a trial in the District Court upon the merits of‘the case, and a decree rendered dismissing plaintiff’s petition. He now appeals to this court. The facts of the case are set out in the opinion.
1Opinion of the Court
Reck, On. J.
— Plaintiff claims that he made a valid contract of purchase of the lands involved in the suit with defendant, McCaudless, who failed to convey the lands to plaintiff but subsequently sold and deeded them to the other defendant, Clark; that he went immediately into the possession of the lands and has made improvements thereon by breaking a part of them, of all of which Clark had full notice before the conveyance to him.
The controlling question in the case, and the only one that is at all necessary to be determined is, whether there was in fact a valid sale of the lands by…
2Cited by5 opinions
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- Commercial Bank v. Red River Valley National BankNorth Dakota Supreme Court · 1899
- Anderson v. HowardSupreme Court of Iowa · 1915
- Smith v. AllenSupreme Court of Iowa · 1897