Caruthers' Administrator v. Hunt
Supreme Court of Iowa
Appeal from Muscatine District Court I. As to the land transaction. — On the 22d day of August, 1860, Archless Oaruthers (by whom the petition in this cause was filed June 25th, 1862, but who deceased October 27th, 1862; L. H. Wash-burn, administrator, being afterwards substituted as plaintiff), borrowed of the defendant Hunt the sum of $1,000, at the same time delivering to him two black mares, worth, according to the testimony, from $150 .to $200. On the same" day (Aug.…
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Appeal from Muscatine District Court I. As to the land transaction. — On the 22d day of August, 1860, Archless Oaruthers (by whom the petition in this cause was filed June 25th, 1862, but who deceased October 27th, 1862; L. H. Wash-burn, administrator, being afterwards substituted as plaintiff), borrowed of the defendant Hunt the sum of $1,000, at the same time delivering to him two black mares, worth, according to the testimony, from $150 .to $200. On the same" day (Aug. 22,1860), Oaruthers made to the defendant an absolute deed for his farm and adjacent land, thereby conveying to the…
1Opinion of the CourtDillon, J.
I. So far as the cause turns upon its facts, we do not propose to set out in detail the reasons for our judgment, but announce the conclusion, simply, to which we have been brought. Counsel must be content with this, and with the assurance that the record and all of the testimony has been carefully examined in concert. Where a cause depends solely upon the question in whose favor is the weight of evidence, or where, in the balancing and estimate of probabilities, is the truth most likely to be found, it is of no value, or almost none, as a precedent, and it is better generally, perhaps…
2Cases cited2 opinions
- Corbit v. SmithSupreme Court of Iowa · 1858
- Vennum v. BabcockSupreme Court of Iowa · 1862
3Cited by2 opinions
- Bigler v. JackSupreme Court of Iowa · 1901
- Ferris v. WilcoxMichigan Supreme Court · 1883