Leffler v. Armstrong
Supreme Court of Iowa
Appeal from ihe Des Moines District Court. On the 25th day of October, 1842, Isaac Leffler was indebted to one Cox, in about the sum of $885, and on that day he and John Leffler, to secure said sum, executed a deed of trust to "William H. Postlewait and James Creegan.
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Appeal from ihe Des Moines District Court. On the 25th day of October, 1842, Isaac Leffler was indebted to one Cox, in about the sum of $885, and on that day he and John Leffler, to secure said sum, executed a deed of trust to "William H. Postlewait and James Creegan. The parts of said deed material to the present controversy, are as follows ; Upon the failure of the grantees to make payment according to the terms of said deed, the said trustees were given power to sell the real estate therein described, to the highest bidder, for cash, “ first giving thirty days’ public notice of the time,…
1Opinion of the CourtWright, C. J.
To entitle themselves to the relief asked, and to reverse the decree below, complainants rely principally upon two grounds. The first is, that it was the inten-. tion of the grantors, and the parties to said deed, that the trustees should sign and acknowledge the same; that it never was, therefore, properly executed' and delivered, but was received by the trustees, or by Postlewait & Creegan as an escrow ; and that never having accepted the trust, they had no power to make the sale. In the second place, it is insisted that notice of said sale was not given as required by the terms of the deed.
2Cases cited1 opinion
- Doe v. BradenSupreme Court of the United States · 1854
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