Marks v. McGookin
Supreme Court of Iowa
Appeal from Harrison District Court.— HoN. A. E. ThokNell, Judge. A'otioN to recover possession of certain real estate. Defendants pleaded tbat they were in possession under a parol contract for the purchase thereof from plaintiff. Plaintiff denied the alleged contract. On these issues the case was tried to a jury, resulting in a verdict and judgment for plaintiff, and defendants appeal.
1Opinion of the CourtDeemek, J.
Plaintiff is entitled to the possession of the real estate in controversy, unless defendants have shown a right thereto under their alleged contract of purchase. Defendants say in'argument that they averred in their answer that they would prove the alleged contract by the plaintiff in order to avoid the terms of the statute of frauds. This allegation does not appear in the answer we have before us, but the trial court submitted the case to the jury on that theory, and we shall assume that there was a statement in the pleadings to justify it. The sole issue submitted to the jury was, who was…
2Cases cited7 opinions
- Auter v. MillerSupreme Court of Iowa · 1865
- Thorn v. MooreSupreme Court of Iowa · 1866
- Hutton v. DoxseeSupreme Court of Iowa · 1902
- Allan v. BemisSupreme Court of Iowa · 1903
- Mighell v. DoughertySupreme Court of Iowa · 1892
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3Cited by9 opinions
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- Hagedorn v. HagedornSupreme Court of Iowa · 1922
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