Miller v. Wilson
Supreme Court of Iowa
Appeal from Van Bwren District Court. In 1880, • J. J. Kennersly was the owner of certain real estate on which was situated a mill, the machinery in which was propelled by water.
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Appeal from Van Bwren District Court. In 1880, • J. J. Kennersly was the owner of certain real estate on which was situated a mill, the machinery in which was propelled by water. In December of that year he sold the real estate to A. P. Lee; and, as a large portion of the purchase-money was not paid, Kinnersly and Lee entered into a written contract whereby the former reserved and was entitled to a vendor’s lien on the premises as security for the payment of the purchase-money. This contract was duly recorded on the second day of December, 1880. After such purchase, J. W. Wilson became…
1Opinion of the CourtSeevers, J.
I. Counsel for the appellant insists that under the issues it becomes necessary to determine whether there was any consideration for the Miller mortgage, and, if so, whether the indebtedness secured thereby has not been paid. Counsel for the appellee insist that no such defense as a want or a failure of consideration is pleaded, and we incline to think that the position of the appellee must be sustained; but it is not necessary to determine such question, for, after a careful examination of the evidence, wm reach the conclusion that appellants have failed to establish such defense, or that…
2Cases cited1 opinion
- Sowden & Co. v. CraigSupreme Court of Iowa · 1868
3Cited by5 opinions
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- Thomsen v. CullenWisconsin Supreme Court · 1928
- Mallory v. AgeeSupreme Court of Alabama · 1932
- Swift Lumber & Fuel Co. v. ElwangerNebraska Supreme Court · 1934
- Blue v. GunnTennessee Supreme Court · 1904