Fawcett v. Wood
Supreme Court of Iowa
Appeal from the Johnson District Qov/rt. This action was brought to recover upon two promissory notes for one thousand dollars each, and to foreclose a mortgage given to secure the same. Defendant answers, admitting the execution of the notes and mortgage, as averred in the petition.
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Appeal from the Johnson District Qov/rt. This action was brought to recover upon two promissory notes for one thousand dollars each, and to foreclose a mortgage given to secure the same. Defendant answers, admitting the execution of the notes and mortgage, as averred in the petition. He further answers, that said notes were given as part of the consideration for certain parcels of laud purchased by him of plaintiff, for which she, with her husband, made to him a deed, covenanting therein, that she was lawfully seized — had good right to sell — against incumbrances — and to warrant and defend…
1Opinion of the Court
"Weight, C. J.
The point principally relied upon by appellant is, that the verdict was contrary to and against the evidence, and that a new trial should have been granted for this cause by the court below. The whole testimony is before us. The main feature of* the controversy, on the trial, seems to have been, what was the relative value of the tract of land, from which defendant was evicted, at the time of his pin-chase; or, in other words, *404what was it estimated to be worth in the sale from plaintiff to defendant. Defendant purchased four pieces of land of plaintiff, the whole consideration…
2Cases cited2 opinions
- Jourdan v. ReedSupreme Court of Iowa · 1855
- Freeman v. RichSupreme Court of Iowa · 1855
3Cited by10 opinions
- Price v. . DealSupreme Court of North Carolina · 1884
- State v. McKenzieSupreme Court of Iowa · 1927
- State v. CarlsonSupreme Court of Iowa · 1937
- Campbell v. KarbOregon Supreme Court · 1987
- Pridgen v. LongSupreme Court of North Carolina · 1919
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