Macomber v. Peck
Supreme Court of Iowa
Appeal from Cass District Court. On tbe 26tb day of March, 1859, Alfred A. Sawyer being the owner of and in possession of 440 acres of land in Cass county, to-wit: SE jr, NE J and W •£, NE ¿ and E -J-, NW £ and E SW \ and W -J-, SE ¿ and NE SE J, section 25, township. 76, range 37; and SE J, NW J, section 30, township 76, range. 36, mortgaged 200 acres thereof to his brother, Horace Sawyer, to secure the sum of $222. On the 29th of March, 1859, Alfred A. Sawyer mortgaged to…
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Appeal from Cass District Court. On tbe 26tb day of March, 1859, Alfred A. Sawyer being the owner of and in possession of 440 acres of land in Cass county, to-wit: SE jr, NE J and W •£, NE ¿ and E -J-, NW £ and E SW \ and W -J-, SE ¿ and NE SE J, section 25, township. 76, range 37; and SE J, NW J, section 30, township 76, range. 36, mortgaged 200 acres thereof to his brother, Horace Sawyer, to secure the sum of $222. On the 29th of March, 1859, Alfred A. Sawyer mortgaged to his brother Horace the same 200 acres of said land to secure the sum of $350. On the 26th of March, 1859, Alfred A.…
1Opinion of the CourtDay, J.
l. fraud : witk ayreservation. I. The evidence shows that the land in question, at the time of the conveyance from Alfred A. Sawyer to Horace Sawyer, was worth $6.00 per acre, amounting for the whole tract to $2,640.00, and that Alfred then owéd the debt upon which Peck afterward recovez’ed judgment. The considez’ation expressed in the deed is $500.00, but the proof shows that the real consideration was $570.00, and that the conveyance was subject to the mortgage to Fz’aneis Sawyer for $883.00. The pz’oof shows also that as part of the consideration for the conveyance it was agz’eed between…
2Cases cited2 opinions
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3Cited by16 opinions
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