Legal Opinion

Bardwell v. Clare

Supreme Court of Iowa

Decided December 7, 1877PublishedCited by 2 opinions

Appeal from Benton Circuit Gov/rt. The plaintiffs, claiming to be the owners of certain real estate, brought this action to' recover the amount due as rent of said premises under a lease which the defendant had executed to one Wonderlech. The answer alleged that at the time the lease was executed the premises belonged to.Mrs.

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Appeal from Benton Circuit Gov/rt. The plaintiffs, claiming to be the owners of certain real estate, brought this action to' recover the amount due as rent of said premises under a lease which the defendant had executed to one Wonderlech. The answer alleged that at the time the lease was executed the premises belonged to.Mrs. Wonderlech, and that she sold the same to one Fulmer, and executed a deed to him therefor, but as her husband was not present she took the deed to get him to sign it, when it was to be delivered to Fulmer, and the contract of sale fully carried out. The deed was…

1Opinion of the Court

Seevers, J., trial: jury. I. The answer of the defendant as originally filed asked that the deed be declared fraudulent and void, and other relief' of an equitable character. In no event was he entitled to any such relief, for he did not claim any title whatever to the premises, and as we understand the abstract so much of the answer as asked such or any other affirmative relief was withdrawn before the commencement of the trial. When the cause was called for trial the defendant demanded- a jury, to which the plaintiffs objected, but the same was overruled and they excepted, and this action…

2Cases cited1 opinion

  1. Cook & Mitchell v. RobinsonSupreme Court of Iowa · 1876

3Cited by2 opinions

  1. Leekins v. Nordyke & Marmon Co.Supreme Court of Iowa · 1885
  2. Terry v. TaylorSupreme Court of Iowa · 1884

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