Cold v. Beh
Supreme Court of Iowa
Appeal from Shelby District Court. — Hon. A. B. Thobnell, Judge. Suit in equity to have an absolute conveyance decreed to be a mortgage and for permission to redeem therefrom. The defendant denied that the conveyance was intended as security, and further pleaded that he gave plaintiff a contract to reconvey which was never complied with, and that said contract has expired by limitation. The trial court granted the relief prayed, and, defendant appeals.
1Opinion of the CourtDeemer, J.
On April 30, 1898, plaintiff by quitclaim deed conveyed to defendant two hundred acres of land in Shelby county. On December 22, 1898, he also conveyed to defendant by quitclaim deed another tract of land consisting o'f about one hundred and sixteen acres in the same county. At the time of'the making of the first conveyance defendant executed and delivered to plaintiff a paper, which reads as follows:
Harlan, April 30, 1898. This agreement entered into by and between Joseph F. Beh, party of the first part, and P. F. Cold, party of the second part, witnesseth: That the said P. F. Gold, party of…
2Cases cited12 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Hopwood v. McCauslandSupreme Court of Iowa · 1903
- In re Listing & Assessing Property of Shields Bros.Supreme Court of Iowa · 1907
- Hughes v. SheaffSupreme Court of Iowa · 1865
- Chapman's Adm'x. v. TurnerCourt of Appeals of Virginia · 1798
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3Cited by10 opinions
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- Thornley Land & Livestock Co. v. GaileyUtah Supreme Court · 1943
- Hinman v. SageSupreme Court of Iowa · 1928
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