Mischke v. Baughn
Supreme Court of Iowa
Appeal from Pottawattamie District Court. This is an action for the recovery of damages for an alleged breach of warranty in the sale of a portion of lot 149 in the original plat of Council Bluffs, commencing at the northeast corner of said lot and running westerly on Broadway nineteen feet and five inches, and extending back the same width eighty-one and one-third feet, or half the distance from Broadway to Pierce Street.
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Appeal from Pottawattamie District Court. This is an action for the recovery of damages for an alleged breach of warranty in the sale of a portion of lot 149 in the original plat of Council Bluffs, commencing at the northeast corner of said lot and running westerly on Broadway nineteen feet and five inches, and extending back the same width eighty-one and one-third feet, or half the distance from Broadway to Pierce Street. The cause was trited by the court, and a finding of facts was submitted as follows: “1. That on the 1st of June, 1867, defendant conveyed the premises described in the…
1Opinion of the CourtDay, J.
i. "warrants': deed: measoovery.
— The plaintiff does not claim damages from his immediate grantor, Treadway, but from Baughn, the grantor of Treadway. The petition alleges that Baughn conveyed.- the premises above set out to rienry Treadway, and that Treadway conveyed said prem*530ises to the plaintiff, and the court so found. The exhibits attached to the petition, and made a part thereof, show that Baughn conveyed to 'Treadway eighteen feet and ten inches off the easterly side of lot 149, being the same width the full depth of said lot from Broadway to Pierce Street; and that Treadway conveyed…
2Cited by13 opinions
- Hollingsworth v. MexiaCourt of Appeals of Texas · 1896
- Lewis v. RossTexas Supreme Court · 1902
- Brooks v. BlackMississippi Supreme Court · 1890
- Boice v. CoffeenSupreme Court of Iowa · 1912
- Newburn v. LucasSupreme Court of Iowa · 1904
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