Blair Town Lot & Land Co. v. Hillis
Supreme Court of Iowa
Appeal from Harrison District Qourt. — Hon. C. II. Lewis, Judge. This is an action to recover tlie possession of certain lots in the town of Dunlap, upon the ground that the plaintiff is the owner thereof. It is conceded that the egal title is in the plaintiff, but the defendant claims that he is the equitable owner of part of the lots, by-purchase from the plaintiff, and full payment therefor. He disclaims having the possession of or any interest in the other lots.
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Appeal from Harrison District Qourt. — Hon. C. II. Lewis, Judge. This is an action to recover tlie possession of certain lots in the town of Dunlap, upon the ground that the plaintiff is the owner thereof. It is conceded that the egal title is in the plaintiff, but the defendant claims that he is the equitable owner of part of the lots, by-purchase from the plaintiff, and full payment therefor. He disclaims having the possession of or any interest in the other lots. There was a trial by jury, and a verdict that the defendant was entitled to the possession of the lots claimed by him Plaintiff…
1Opinion of the CourtRothrock, J.
1. payment • contraction stífctfóre-d: closure. — I. It appears from the evidence that on the twenty-sixth day of January, 1880, one Scholfield entered into a written contract with plaintiff for the purchase of five lots in Dunlap for the sum of $825. Of this sum, §206 -was paid at the time of the purchase, and the balance was to be paid in three equal annual payments, with interest. In June, 1884, this contract was assigned, in writing, to one Stanley. No other written assignment appears to have been made at any time. After the date of this contract the defendant entered into five separate…
2Cases cited2 opinions
- Whiting v. EichelbergerSupreme Court of Iowa · 1864
- Iowa Railroad Land v. MickelSupreme Court of Iowa · 1875
3Cited by11 opinions
- Haggard v. Independent School DistrictSupreme Court of Iowa · 1901
- Wiltsey v. WiltseySupreme Court of Iowa · 1906
- Gaughen v. KerrSupreme Court of Iowa · 1896
- Croddy v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Foley v. MathiasSupreme Court of Iowa · 1930
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