Barnes v. Gay
Supreme Court of Iowa
Appeal from the Henry District Court. In Chancery. Bill to redeem, and for a conveyance of a lot in the town of New London, in Ilenry county.
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Appeal from the Henry District Court. In Chancery. Bill to redeem, and for a conveyance of a lot in the town of New London, in Ilenry county. The complainant’s bill represents, that in 1819 or 1850, her husband, Thomas Barnes, made a contract for the purchase of the lot, with one John Boak, for the sum of one hundred and fifty dollars, as evidence of which, Boak delivered Barnes a bond, conditioned for the conveyance of the lot upon the payment of the one hundred and fifty dollars; that the price was fully paid up in 1853 or 1851; that the said Thomas took possession immediately upon the…
1Opinion of the Court
"WoonwABD, J.
Ve will examine briefly the claims of the complainant, presented in the prayer of her bill. It is to be observed, in the outset, that she appears to have relied upon the answer of the respondent, making the bill eminently one of discovery. There is no evidence in the case, except what is derived from the papers which are made exhibits, and the answer of the defendant, so far as it is responsive to the bill.
The petitioner first prays that the deed from Boak to Gay may be declared a mere security. This it is admitted to have been; but the rights of the parties depend mainly upon…
2Cited by7 opinions
- Christy v. DyerSupreme Court of Iowa · 1863
- Howell v. BushMississippi Supreme Court · 1877
- Sullivan v. SullivanSupreme Court of Iowa · 1908
- Thomas v. HansonSupreme Court of Iowa · 1876
- Campbell v. MaginnisSupreme Court of Iowa · 1887
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