Legal Opinion

Kerr v. Fee

Supreme Court of Iowa

Decided February 19, 1917PublishedCited by 4 opinions

Appeal from Marion District Court. — W. H. Fahey, Judge. Action on bond resulted in judgment as prayed. The defendant appeals. —

1Opinion of the CourtLadd, J.

1. Boundaries: waters-and watercourses: “bank” of The plaintiff purchased a tract Of 55 acres Of land Of defendant, paying therefor $160 per acre. There being 0 x 0 doubt as to the number of acres, defendant, with Wright as surety, executed a bond, which, after reciting the purchase of the land, describing it, reciting the price paid, that defendant had warranted that there were not less than 55 acres, and that some .question had arisen as to the number of acres conveyed, reads:

“Now therefore, in consideration of the above payment, *1098we, Charles Luther Fee, as principal, and O. L. Wright, as…

2Cases cited5 opinions

  1. Wiggenhorn v. KountzNebraska Supreme Court · 1888
  2. City of Denver v. PearceSupreme Court of Colorado · 1889
  3. Murphy v. CopelandSupreme Court of Iowa · 1879
  4. Murphy v. CopelandSupreme Court of Iowa · 1882
  5. Kent v. TaylorSupreme Court of New Hampshire · 1887

3Cited by4 opinions

  1. McADAM ET UX v. SMITHOregon Supreme Court · 1960
  2. Holmes v. HainesSupreme Court of Iowa · 1942
  3. Compton v. HitesSupreme Court of Iowa · 1918
  4. Scott v. SutherlandSupreme Court of Virginia · 1985

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