Schuttloffel v. Collins
Supreme Court of Iowa
Appeal from Plymouth District Court.— Hon. J. F. Oliver, Judge. Suit in equity for the specific performance of a written contract for the sale of certain real estate. There was a decree for the plaintiff; and there was a matter of dispute as to the right to part of the purchase money, among the defendants. The court, by its decree, awarded the money in dispute to the defendants, who are creditors of the vendors, and the other defendants appeal.
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Appeal from Plymouth District Court.— Hon. J. F. Oliver, Judge. Suit in equity for the specific performance of a written contract for the sale of certain real estate. There was a decree for the plaintiff; and there was a matter of dispute as to the right to part of the purchase money, among the defendants. The court, by its decree, awarded the money in dispute to the defendants, who are creditors of the vendors, and the other defendants appeal. The facts appear in the opinion.
1Opinion of the CourtRothrock, C. J.
I. On the thirtieth day of June, 1894, Thomas Collins was the owner of a farm of one hundred and sixty acres in Plymouth county. He resided on the farm with his wife and two children. On the day above mentioned, he and his wife entered into a written contract with the plaintiff herein, by which they sold the farm‘to the plaintiff for the sum of six thousand and eighty dollars. A small amount of money was paid in cash at the time the contract was executed. There were two mortgages on the land, for the aggregate sum of four thousand four hundred dollars, which the purchaser assumed to pay. In…
2Cases cited3 opinions
- Cowgell v. WarringtonSupreme Court of Iowa · 1885
- Benham v. Chamberlain & Co.Supreme Court of Iowa · 1874
- State v. GeddisSupreme Court of Iowa · 1876
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- Fardal v. SatreSupreme Court of Iowa · 1925
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