Lyon v. Day
Supreme Court of Iowa
Appeal from Polk District Court. Action to recover on certain promissory notes executed for the purchase money of real estate. One of the defenses set up in the answer was an allegation that plaintiff could not make a good title to the property which was the consideration of the notes. Defendant offered to prove that the property had been sold to satisfy judgments against the plaintiff An objection to this evidence was sustained by the Court.
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Appeal from Polk District Court. Action to recover on certain promissory notes executed for the purchase money of real estate. One of the defenses set up in the answer was an allegation that plaintiff could not make a good title to the property which was the consideration of the notes. Defendant offered to prove that the property had been sold to satisfy judgments against the plaintiff An objection to this evidence was sustained by the Court. Judgment for plaintiff, and defendant appeals. cited 3 Cow. & Hill’s Notes, Phill. Ev., 87; 2 Parson’s Contr., 168; Sugden on Vendors, 471; 6 Ohio, 174;…
1Opinion of the Court
Wright, Ch. J.
—The Court below erred in excluding defendant’s testimony tending to show that the property, for the purchase money of which this suit is brought, was so incumbered that plaintiff could not make a good and sufficient title according to the terms of bis bond. And this being so, of course it was more clearly erroneous to reject evidence showing that the same property bad been levied upon and sold to a third person, upon a judgment subsisting as a valid lien against plaintiff, paramount to tbe rights of defendant. Tbe case is upon principle,- and ia its facts like that of Lyon v.…
2Cases cited1 opinion
- Lyon v. O'KellSupreme Court of Iowa · 1862
3Cited by1 opinion
- Glassman v. CondonUtah Supreme Court · 1904