Legal Opinion

Baldwin v. Lowe

Supreme Court of Iowa

Decided June 18, 1867PublishedCited by 12 opinions

Appeal from Jasper District Court. This is an action of right brought by the plaintiff to recover the possession of fifty-four and forty-five one-hundredths acres of land. The defendant interposed an equitable defense, and the cause was tried by the court upon depositions and other evidence. The judgment of the court below being in'favor of the plaintiff, the defendant, by appeal, brings the cause to this court.

1Opinion of the CourtCole, J.

1. conveyance: notice. The decision of this case rests entirely upon the facts proved. .They are very briefly these : The land in controversy in 1856 belonged to one Thomas Qjimore_ jn that year he sold the same to one Samuel TC. Bundy, who paid only a part of the consideration down, and was to pay the balance at a future time. Gilmore gave to Bnndy a bond for a deed upon the. payment of the balance of the purchase price. Bundy took actual possession of the land, and remained on it till January, 1860, at which time he sold it to the defendant Lowe at a price greater than he was to pay, to…

2Cited by12 opinions

  1. Anfenson v. BanksSupreme Court of Iowa · 1917
  2. Smith v. CoutantSupreme Court of Iowa · 1942
  3. In Re Trust of LuntSupreme Court of Iowa · 1944
  4. City Bank of Mitchellville v. AlcornSupreme Court of Iowa · 1920
  5. Cheshire v. McCoy & HenrySupreme Court of Iowa · 1928

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