Henderson v. Beatty
Supreme Court of Iowa
Appeal from Palo Alto District Court.— Hon. A. D. Bailie, Judge. ¡ On the 19th day of November, 1899, A. M. Henderson, as a trustee for himself and T. T. Henryson and M. Henderson entered into written contracts with Ed Beatty for the purchase of one hundred and forty-eight acres of land situated in sections 19 and 20 in township 97 north, of range 34, in Palo Alto county, and with Wm.
Read the full summary
Appeal from Palo Alto District Court.— Hon. A. D. Bailie, Judge. ¡ On the 19th day of November, 1899, A. M. Henderson, as a trustee for himself and T. T. Henryson and M. Henderson entered into written contracts with Ed Beatty for the purchase of one hundred and forty-eight acres of land situated in sections 19 and 20 in township 97 north, of range 34, in Palo Alto county, and with Wm. Beatty for ninety-nine and three-fourths acres in the south half of section 19 in the same township. The price agreed-upon was about $21 per acre, though the land was then worth at least $28 per acre. In the…
1Opinion of the CourtLadd, J.
i. Contract ror constniction” be conveyed, Each of the defendants stipulated “ to convey all of his right, title, and interest in and to the real estate,” and the plaintiffs promised “ to purchase all his right, title, and interest in and to the real estate above described.” Erom this it cannot be inferred that the vendors had any purpose of conveying anything more than the interest or estate of which they were then seised or possessed. Had the vendees intended to buy a particular estate, or an estate in fee simple, they should have so stipulated in their agreement. Van Rensselaer v. Kearney,…
2Cases cited13 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Hanrick v. PatrickSupreme Court of the United States · 1886
- Turner v. McDonaldCalifornia Supreme Court · 1888
- Sheehy v. MilesCalifornia Supreme Court · 1892
- McNear v. McComberSupreme Court of Iowa · 1864
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Shell Oil Company v. KelinsonSupreme Court of Iowa · 1968
- Campbell v. HarshSupreme Court of Oklahoma · 1912
- Webb v. HancherSupreme Court of Iowa · 1905
- California Land Security Co. v. RitchieCalifornia Court of Appeal · 1919
- Chambers v. IrishSupreme Court of Iowa · 1906
10 more not listed; retrieve them via the Exa API.