Bickel v. Erskine
Supreme Court of Iowa
Appeal from Scott District Court. This is an action in equity against Andrew Ersldne and Bernhard Boldt, to foreclose a written contract for the sale of real estate. The answer of defendants, among other things, alleges a failure of title to an undivided one-half of the real estate in question.
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Appeal from Scott District Court. This is an action in equity against Andrew Ersldne and Bernhard Boldt, to foreclose a written contract for the sale of real estate. The answer of defendants, among other things, alleges a failure of title to an undivided one-half of the real estate in question. The case was tried by the court and special findings were made, from which the following state of facts appear: 1. The property in question was formerly owmed in fee simple by J. J. Peuner and Gustave Czesh, each owning an undivided one-half. In April, 1867, Czesh died intestate, leaving surviving him…
1Opinion of the CourtRothrock, J.
There is but one assignment of error, and that is, that “the court erred in its finding or conclusion of law, that no failure or defect in plaintiff’s title is established, nor any inability on his part to perform said contract of sale.” In the argument of the case for appellant the first question made is, that the sale by the administratrix was void for the reason that there was no defense made for the infant by a guardian.
i jurisdioüífant’I'reai01 estate. It will be observed by an examination of the findings of fact by the court below, that notice was properly served upon ^e infant, and…
2Cited by11 opinions
- Buchan v. German American Land Co.Supreme Court of Iowa · 1917
- Mutual Life Insurance v. HollodayNew York Supreme Court · 1883
- Selig v. BarnettSupreme Court of Arkansas · 1961
- Dohms v. MannSupreme Court of Iowa · 1888
- Lambert v. KempthorneSupreme Court of Iowa · 1920
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