Epperly v. Ferguson
Supreme Court of Iowa
Appeal from Davis District Gourt. — Hon. T. M. Fee, Judge. Marion Robb wfis the owner of the land involved in this action, and, with his wife, occupied a portion of it as their homestead. A written contract for the sale of the entire tract to the defendant was made and signed by the defendant and Robb. Mrs. Robb was present when the sale was negotiated, and took part therein.
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Appeal from Davis District Gourt. — Hon. T. M. Fee, Judge. Marion Robb wfis the owner of the land involved in this action, and, with his wife, occupied a portion of it as their homestead. A written contract for the sale of the entire tract to the defendant was made and signed by the defendant and Robb. Mrs. Robb was present when the sale was negotiated, and took part therein. She offered to sign the contract at the time of its execution, but did not then do so, because it was thought unnecessary. The contract was made in duplicate on the 21st day of October, 1899, and a copy thereof kept by…
1Opinion of the CourtSherwin, J.
i. specific p^rforfii^ncc where action may be brought. This action was brought and tried in the county where the land is situated, and of which the defendant was a nonresident. Had it been an action by the defendant vendee, there can be no question as to his right to invoke the jurisdiction of the * rem, because such action would have concerned the title to the land, and he had the right to have a conveyance thereof decreed by the court, and performed by its proper officer, if found so entitled. It is the general rule that an action for specific performance is primarily in personam, and that…
2Cases cited9 opinions
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- Luse v. DeitzSupreme Court of Iowa · 1877
- Spafford v. WarrenSupreme Court of Iowa · 1877
- Burrall v. EamesWisconsin Supreme Court · 1856
- Wright v. LeclaireSupreme Court of Iowa · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Knowlton v. BaumhoverSupreme Court of Iowa · 1918
- Hook v. HoffmanArizona Supreme Court · 1915
- Sullivan ex rel. Orton v. KenneySupreme Court of Iowa · 1910
- Kettering v. EastlackSupreme Court of Iowa · 1906
- Gustafson v. FoglemanSupreme Court of Iowa · 1996
25 more not listed; retrieve them via the Exa API.