Evans v. Duncan
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. I). R. Hindjían, Judge. Action upon tlie covenants of warranty in a deed from the defendant to the plaintiff, alleging a breach thereof because of liens for unpaid taxes and an unsatisfied mortgage, and that the plaintiff had paid the same to his damage.
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Appeal from Marshall District Court. — Hon. I). R. Hindjían, Judge. Action upon tlie covenants of warranty in a deed from the defendant to the plaintiff, alleging a breach thereof because of liens for unpaid taxes and an unsatisfied mortgage, and that the plaintiff had paid the same to his damage. There was an answer denying that the sale was to the plaintiff, and alleging that it was to Mrs. Florence C. Crawford by parol agreement, whereby she agreed to assume and pay said taxes and mortgage as consideration for the property; that the plaintiff’s name was inserted in said deed as grantee, at…
1Opinion of the CourtGivnn, J.
The defense pleaded is that the sale was by parol agreement, and to Mrs. Crawford ; that by that agreement she assumed to pay these incum-brances as part of the purchase price. As showing that the plaintiff holds subject to this defense, it is alleged that his name was inserted as grantee merely as security to him for money advanced to Mrs. Crawford to pay on the purchase, and that he received the deed with knowledge of and subject to her oral agreement to pay the incumbrances. The contention is whether the defendant is entitled to prove either of these allegations, as against the deed. The…
2Cases cited2 opinions
- Blood v. WilkinsSupreme Court of Iowa · 1876
- Wachendorf v. LancasterSupreme Court of Iowa · 1885