Messenger v. Votaw
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. J. L. Stevens, Judge. The petition alleges, in substance, that on or about the twenty-sixth day of May, 1887, the plaintiff sold to defendant a part of a certain town lot, and received in payment one hundred and fifteen acres of land ; that at the time of the sale there was a mortgage of thirty-five hundred dollars on the lot, on which there was then due interest to the amount of one hundred and fifty dollars; that at the time of…
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Appeal from Marshall District Court. — Hon. J. L. Stevens, Judge. The petition alleges, in substance, that on or about the twenty-sixth day of May, 1887, the plaintiff sold to defendant a part of a certain town lot, and received in payment one hundred and fifteen acres of land ; that at the time of the sale there was a mortgage of thirty-five hundred dollars on the lot, on which there was then due interest to the amount of one hundred and fifty dollars; that at the time of the sale it was the duty of plaintiff to pay interest on the mortgag e to April 12, 3887, and taxes of 1886, in all…
1Opinion of the CourtRobinson, J.
— It is claimed by appellant that as between themselves the plaintiff by virtue of the agreement in question became the surety of defendant, and therefore that, before the plaintiff can recover, he must show that he has paid the interest and taxes to which the agreement refers. The cases of Moses v. Clerk of Dallas County, 12 Iowa, 139, and Wood v. Smith, 51 Iowa, 161, are relied upon as sustaining this claim. The petition shows that the property sold by plaintiff was paid for in land. It is not shown that the contract in controversy was any part of the agreement of exchange. On the contrary,…
2Cases cited4 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Simson v. . BrownNew York Court of Appeals · 1877
- Moses v. Clerk of Dallas District CourtSupreme Court of Iowa · 1861
3Cited by6 opinions
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
- Gould v. GunnSupreme Court of Iowa · 1913
- Johnson Farm Equipment Co. v. CookCourt of Appeals for the Eighth Circuit · 1956
- In Re Estate of WalkerSupreme Court of Iowa · 1944
- Dorr Cattle Co. v. JewettSupreme Court of Iowa · 1902
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