Perrin v. Chidester
Supreme Court of Iowa
Appeal from Monroe District Court. — Hon. Frank "W. Eici-ielberger, Judge. Originally this was a partition suit to determine the interests of the various owners of something like five hundred and twenty-eight acres of land; to allot the same by parcels, or to sell the whole in the event it could not be divided.
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Appeal from Monroe District Court. — Hon. Frank "W. Eici-ielberger, Judge. Originally this was a partition suit to determine the interests of the various owners of something like five hundred and twenty-eight acres of land; to allot the same by parcels, or to sell the whole in the event it could not be divided. After a hearing, the court found the land could not be equitably divided, and ordered a sale thereof, fixed the interest of the various parties, and appointed referees and ordered a sale. Pursuant to order, the referees fixed a time for the sale of the land, of which due notice was…
1Opinion of the CourtDeemer, J.
The general nature of this controversy is outlined in the preceding statement, and the grounds relied upon for a reversal may be briefly summarized as follows: (a) The title offered Stout was not such as he bargained for. (b) The deed tendered by the referees did not comply with the terms of the sale; and, having elected to rescind, there was a mutual rescission, and Stout was entitled to .the return of his money, (c) The contract did not provide for a forfeiture ; and, the referees having elected to rescind and resell, Stout was entitled to the return of his money, (d) Stout was *35not tendered…
2Cases cited25 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Reiger v. TurleySupreme Court of Iowa · 1911
- Croghan v. . LivingstonNew York Court of Appeals · 1858
- Downey v. RiggsSupreme Court of Iowa · 1897
- Donley v. PorterSupreme Court of Iowa · 1903
20 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kilpatrick v. SmithSupreme Court of Iowa · 1945
- Waters v. PearsonSupreme Court of Iowa · 1914
- Swanson v. BaldwinSupreme Court of Iowa · 1957
- Benedict v. NielsenSupreme Court of Iowa · 1927
- Reece v. CartwrightSupreme Court of Iowa · 1930
3 more not listed; retrieve them via the Exa API.