Rea v. Ferguson
Supreme Court of Iowa
Appeal from Van Burén District Court. — ’BEoN. ERobekt SloaN, Judge. ActioN in equity for tEhe specific performance of a contract to convey real estate, entered into between the plaintiff, ERea, and the defendant, Ferguson.
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Appeal from Van Burén District Court. — ’BEoN. ERobekt SloaN, Judge. ActioN in equity for tEhe specific performance of a contract to convey real estate, entered into between the plaintiff, ERea, and the defendant, Ferguson. The contract was reduced to writing, and bears date December 4, 1902. Therein it is provided that the real estate, the subject thereof, and being a farm in ClarEke county, Mo., shall be conveyed to Rea by Ferguson upon full payment of the sum of $16,500; the conveyance to be by warranty deed, accompanied by an abstract of title showing perfect title. Payments of the…
1Opinion of the Court
Bishop, T. — •
_ 1. Parties. I. It is alleged in the petition that the contract and deed were deposited with the defendant Manning’s Bank; that thereafter plaintiff offered .to perform on his part, and demanded of the bank delivery 7 % % J of the deed in its possession, which the bank refused. Delivery of such deed is a part of the relief prayed for in the petition. On coming in, the bank moved for a dismissal 'of the action as to it; and this for the reason that the petition did not disclose any interest on its part, either in the contract or the result of the action,' and that it was neither…
2Cases cited2 opinions
- Epperly v. FergusonSupreme Court of Iowa · 1902
- Wright v. LeclaireSupreme Court of Iowa · 1856
3Cited by3 opinions
- Ferguson v. EpperlySupreme Court of Iowa · 1905
- Titus Management Co. v. KelseySupreme Court of Iowa · 1936
- Dunlop v. First Trust Joint Stock Land BankSupreme Court of Iowa · 1936