Miller v. Colville
Supreme Court of Iowa
Appeal from Mahaska District Court. Sheriff’s sale : setting aside of, &c. — This controversy concerns’the rights of the respective parties as to a certain forty acres of land.
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Appeal from Mahaska District Court. Sheriff’s sale : setting aside of, &c. — This controversy concerns’the rights of the respective parties as to a certain forty acres of land. Prom the bill, the various answers and cross-bills and evidence, the following facts appear: That in May, 1857, Levi Ellis conveyed the land in dispute to his son-in-law, Alfred Miller, for the price of $600, of which $100 was paid down ($72 in money and the balance in work, &e.), $100 was intended by Ellis as a gift or advancement to his daughter (the wife of Miller), and four notes, of $100 each, were given for the…
1Opinion of the Court
.Dillon, J.
i sheksettinlisFae o£ That Miller purchased the land in dispute of Ellis in 1857, and paid $100 upon it, gave his four notes $100 each (now in the hands of the daughters °f Ellis) secured by mortgage; that the other $100 was an advancement to his (Miller’s) wife by her father; that Miller remained in possession until 1860; that he never paid these notes and that they are in the hands of the daughters uncanceled, and as fiir as shown, unpaid, are undisputed facts in the case.
There is affirmative proof that the father was'at the time worth between $2,000 and $8,000, and that he was…
2Cited by2 opinions
- Burmeister v. DeweySupreme Court of Iowa · 1869
- Hultz v. ZollarsSupreme Court of Iowa · 1874