McTucker v. Taggart
Supreme Court of Iowa
Appeal from Lee District Court. Wednesday, August 31. The petition claims $500 for breach of covenant in deed from defendant to plaintiff. The deed purported to convey five acres of land, more or less, by metes and bounds, and it is charged that the title failed to about one acre and forty-five one hundreths, describing it.
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Appeal from Lee District Court. Wednesday, August 31. The petition claims $500 for breach of covenant in deed from defendant to plaintiff. The deed purported to convey five acres of land, more or less, by metes and bounds, and it is charged that the title failed to about one acre and forty-five one hundreths, describing it. The answer admits that defendant had no title to the latter tract, but sets up that it was included in the deed by mistake ; that it was never intended to sell it; that plaintiff understood and knew he was purchasing, paying for and getting the three and fifty-five one…
1Opinion of the CourtWeight, J.
That by the language of the deed describing the premises plaintiff is entitled to more land than he gets is not denied. That defendant supposed she owned the tract, as described, is equally evident, for the description follows precisely that in the deed under which she holds. What knowledge did plaintiff have of the alleged mistake, and how is defendant entitled to be relieved as against the language of her' covenant ?
The case is one of fact. There is no controversy as to the law. The burden of proof is on defendant. She holds the affirmative, and, in our opinion, she has entirely failed to…
2Cited by8 opinions
- Good Milking Machine Co. v. GallowaySupreme Court of Iowa · 1915
- Wachendorf v. LancasterSupreme Court of Iowa · 1883
- Hunt v. GraySupreme Court of Iowa · 1888
- Chicago Title & Trust Co. v. SmythSupreme Court of Iowa · 1895
- Noble v. TrumpSupreme Court of Iowa · 1916
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