Tatum v. Goforth
Supreme Court of Iowa
Appeal from Bremer District Court. Plaintiff’s claim, in part, is for the value of a town lot sold to defendant, and for which he avers he tendered a deed according to his contract. Defendant admits the contract and denies the tender. On the trial, plaintiff offered in evidence a deed properly signed, and upon the face of it properly ack-knowledged.
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Appeal from Bremer District Court. Plaintiff’s claim, in part, is for the value of a town lot sold to defendant, and for which he avers he tendered a deed according to his contract. Defendant admits the contract and denies the tender. On the trial, plaintiff offered in evidence a deed properly signed, and upon the face of it properly ack-knowledged. Defendant offered the justice, before whom deed purported to be acknowledged, and proposed to prove by him, that said deed never was acknowledged. Witness testified that the wife of the grantor never did acknowledge said deed. This testimony was…
1Opinion of the CourtWright, C. J.
The District Court did not err in admitting this testimony. The question is not whether it would be competent to impeach or contradict the acknowledgment by parol, after the deed had been delivered and accepted as a full and sufficient title. Before its delivery, defendant had knowledge of the defect and refused to accept it. If it never was acknowledged, he was not bound to receive it, though it purported to be.
*249By section 1280 of the Code, it is provided that: “ neither the certificate, nor the record, nor the transcript thereof is conclusive evidence of the facts therein contained.” In…
2Cases cited3 opinions
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
- Jackson ex dem. Hardenbergh v. SchoonmakerNew York Supreme Court · 1809
- Rawlins v. TuckerSupreme Court of Iowa · 1856
3Cited by2 opinions
- Qualls v. QuallsSupreme Court of Alabama · 1916
- Heaton v. Norton County State BankSupreme Court of Kansas · 1898