Hosleton v. Dickinson
Supreme Court of Iowa
Appeal from Clinton District Court. On the 11th day of January, 1873, the plaintiff conveyed a certain tract of timber land to the defendants. The deed contained the usual covenants of general warranty, and described the land as containing “thirty acres, more or less.” The purchase money agreed to be paid was nine hundred dollars.
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Appeal from Clinton District Court. On the 11th day of January, 1873, the plaintiff conveyed a certain tract of timber land to the defendants. The deed contained the usual covenants of general warranty, and described the land as containing “thirty acres, more or less.” The purchase money agreed to be paid was nine hundred dollars. Three hundred dollars were paid before the conveyance was made, and the defendants executed to the plaintiff their promissory note for three hundred dollars, payable in one year, with interest at ten per cent per annum, and also another note for the like amount,…
1Opinion of the Court
Roturóos, J.
*247i. equitable ionveyance.' *246— I. The court below found that there were *247no fraudulent representations made by the plaintiff to the .defendants at the time of, or before, the eonveyanee of the land, and that the sale was not made by the aere, as alleged in the amendment to the cross-petition. An examination of the evidence satisfies us that these findings are correct. There is no evidence tending to show that the plaintiff knew that the land was less in quantity than thirty acres. On the contrary all the facts and circumstances in the ease lead to the conclusion that he believed there…
2Cases cited4 opinions
- Belknap v. . SealeyNew York Court of Appeals · 1856
- Wilcox v. Iowa Wesleyan UniversitySupreme Court of Iowa · 1871
- Holmes v. ClarkSupreme Court of Iowa · 1860
- Marvin v. BennettNew York Court of Chancery · 1840
3Cited by23 opinions
- Reiger v. TurleySupreme Court of Iowa · 1911
- Boddy v. HenrySupreme Court of Iowa · 1904
- Johnson v. CarterSupreme Court of Iowa · 1909
- Bigham v. MadisonTennessee Supreme Court · 1899
- Smith v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1921
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