Stannard v. McCarty
Supreme Court of Iowa
This was an action of covenant broken brought on an agreement for ■the sale of a claim on the public lands of the United States.
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This was an action of covenant broken brought on an agreement for ■the sale of a claim on the public lands of the United States. The agreement on which the action was brought was as follows: Articles of agreement made and entered into this 19th day of October 1837, by and between Isaac W. McCarty of the first part, and William Stannard, Obed Stannard and Luther A. Jones of the second part, wit-nesseth that the said party of the first part has sold to the party of the second part all his right, title, interest and claim to the entire undivided half of the claim on which he now resides on the…
1Opinion of the Court
BT THE COUBT.
This was an action of covenant, to which the defendants had pleaded non infregit convantiónem, and non est factum; and, under these pleas, had given notice of fraud as a further defence. Neither by plea nor notice was any mention made of illegality as a ground of defence. On the trial of the cause several instructions were asked of the court, which being mostly refused, exceptions were taken, and the case brought up on writ of error.
The first instruction asked was, that the selling of land belonging to the United States was a fraud upon the purchasers — which the court refused,…
2Cited by1 opinion
- Bronte v. LeslieAppellate Court of Illinois · 1889