Iowa Railroad Land v. Mickel
Supreme Court of Iowa
Appeal from, Harrison District Gov/rt. This action was commenced July 15tb, 1873, to recover the possession of the north-west quarter of the north-east quarter of section 15, township 78, range 44 west, of 5th P. M. The plaintiff avers its ownership in fee and its right to immediate possession of the property in controversy.
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Appeal from, Harrison District Gov/rt. This action was commenced July 15tb, 1873, to recover the possession of the north-west quarter of the north-east quarter of section 15, township 78, range 44 west, of 5th P. M. The plaintiff avers its ownership in fee and its right to immediate possession of the property in controversy. The defendant for answer admitted that he was in possession of the land, and avers his right to such possession under a contract of purchase thereof, made with the plaintiff, which he set forth, and asked that the plaintiff be required to specifically perform the same.…
1Opinion of the Court
Cole, J. —
This cause was tried upon the agreed statements of facts, as follows:
1st. In June, 1871, negotiations were had between plaintiff and defendant by correspondence, in writing, about the sale by plaintiff to defendant, of the land in controversy. The defendant claimed that the correspondence amounted to a contract, and plaintiff denied this, and refused to. sell or make *404a contract of sale for the land. Defendant filed a bill for specific performance, in the Harrison County District Court, for the January term, 1872, to compel the plaintiff to execute such a contract as was finally…
2Cited by13 opinions
- Primm v. WiseSupreme Court of Iowa · 1905
- Webb v. HancherSupreme Court of Iowa · 1905
- Gaughen v. KerrSupreme Court of Iowa · 1896
- Auxier v. TaylorSupreme Court of Iowa · 1897
- Blair Town Lot & Land Co. v. HillisSupreme Court of Iowa · 1888
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