Brink v. Morton
Supreme Court of Iowa
Appeal from the Jones District Court. ' This was a bill filed to enforce the specific performance of a contract to convey land, contained in a title bond, dated August 8th, 1853, containing tbe following condition: “ That whereas the above Austin Brink pays to tbe above Ezra Morton two promissory notes, one fifty dollar note, payable on demand, at ten per cent, interest; the other payable in one year from date, two hundred dollars, at the rate of ten per cent.; whereas if…
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Appeal from the Jones District Court. ' This was a bill filed to enforce the specific performance of a contract to convey land, contained in a title bond, dated August 8th, 1853, containing tbe following condition: “ That whereas the above Austin Brink pays to tbe above Ezra Morton two promissory notes, one fifty dollar note, payable on demand, at ten per cent, interest; the other payable in one year from date, two hundred dollars, at the rate of ten per cent.; whereas if Elijah Austin Brink pays the above sum to tbe above Ezra Morton, at the expiration of the year, August tbe 8th, 1854, a…
1Opinion of the CourtIsbell, J.
This case, as presented to tbe court, raises a multitude of questions, upon tbe discussion of wbicb, unless absolutely necessary, we do not choose to enter in detail. "We are constrained to tbe conclusion, that in tbe zeal manifested by counsel-in the discussion of minor questions, tbe more important have been measurably overlooked, or lost ■sight of. Tbe first point made by counsel, demands óur attention, as lying in tbe way of arriving at tbe merits of tbe case. It is insisted, that tbe court erred in permitting tbe defendant Morton, to file an amended and sworn answer. We think tbe…
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