Legal Opinion

Iowa Homestead Co. v. Duncombe

Supreme Court of Iowa

Decided June 14, 1879PublishedCited by 10 opinions

Appeal from Webster Circuit Cou/rt. This is an action upon four promissory notes executed by the defendant to the plaintiff for five hundred dollars each, and amounting, with interest, to nearly three thousand dollars.

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Appeal from Webster Circuit Cou/rt. This is an action upon four promissory notes executed by the defendant to the plaintiff for five hundred dollars each, and amounting, with interest, to nearly three thousand dollars. The defendant, by his answer, admits giving the notes; says they were given for a part of the purchase price of a-half section of land bought by him of plaintiff, and which he-immediately fenced and took possession of; that he paid at the time of purchase, in cash and taxes of 1872, six hundred dollars; that the plaintiff had no title to the land; that the consideration for the…

1Opinion of the CourtDav, J.

a, practice in courtT^dmissiou of evidence. — I. It is admitted that the documentary evidence introduced relative to the title of the Des Moines & Fort Dodge Railroad Company to the land described in the defendant’s answer shows that the para- . . , _ mount, legal, fee simple title of said land was m the Des Moines & Fort Dodge Railroad Company at the time-the defendant claims to have bought the lands in question from said company. The real question in controversy is whether the defendant is entitled to any, and if so to what, amount of damages from the plaintiff on account of the plaintiff’s…

2Cited by10 opinions

  1. Kolka v. JonesNorth Dakota Supreme Court · 1897
  2. State v. MaddenSupreme Court of Iowa · 1914
  3. Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
  4. Ross v. Hawkeye InsuranceSupreme Court of Iowa · 1895
  5. DeLong Ex Rel. Sampson v. Iowa State Highway CommissionSupreme Court of Iowa · 1940

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