Audubon Co. v. American Emigrant Co.
Supreme Court of Iowa
Appeal from Audubon District Court. ,' This action was commenced December 12, 1871, in equity, to set.aside a certain contract for tbe sale by tbe plaintiff of tbe swamp lands granted it by tbe state, to tbe. defendant, made June 5, 1862; and also to. set aside the conveyances of said land, under said contract, by tbe county to tbe defendant, one, made January 7, 1867, and tbe other, January 8, 1868. It is not necessary to set out tbe pleadings, as no questions arise…
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Appeal from Audubon District Court. ,' This action was commenced December 12, 1871, in equity, to set.aside a certain contract for tbe sale by tbe plaintiff of tbe swamp lands granted it by tbe state, to tbe. defendant, made June 5, 1862; and also to. set aside the conveyances of said land, under said contract, by tbe county to tbe defendant, one, made January 7, 1867, and tbe other, January 8, 1868. It is not necessary to set out tbe pleadings, as no questions arise tbereon. Tbe ultimate facts are stated in tbe opinion. Tbe District Court set aside tbe deeds, and left tbe question of moneys…
1Opinion of the CourtCole, J.
The contract was made'June 5,1862, and thereby the plaintiff stipulated and agreed to devote to the defendant all its swamp lands and all its demands upon the United States for indemnity script. The defendant, in consideration thereof, stipulated and agreed to erect for plaintiff one thousand dollars worth of any public improvement for which said swamp land might legally be devoted, and which the supervisors anight deem most needed by the county, and for which they should furnish specifications within one year, — the work to be done within two years; that said defendant should take the said…
2Cases cited3 opinions
- Adams County v. B. & M. R. Co.Supreme Court of Iowa · 1874
- Iowa Railroad Land v. Story CountySupreme Court of Iowa · 1872
- Bradford v. LimpusSupreme Court of Iowa · 1859
3Cited by11 opinions
- State v. CarrCourt of Appeals for the Eighth Circuit · 1911
- Emigrant Co. v. County of AdamsSupreme Court of the United States · 1879
- Franklin County v. CarstensWashington Supreme Court · 1912
- Smith v. City of OsageSupreme Court of Iowa · 1890
- City of Davenport v. BoydSupreme Court of Iowa · 1899
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