McKinnis v. Freeman
Supreme Court of Iowa
Appeal from Warren District Cowrt. The plaintiff traded a saw mill and fixtures to the defendant, Alex. Freeman, for two forty-acre tracts of lands, and one nine-acre tract, all adjoining. Each conveyed to the other with warranty.
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Appeal from Warren District Cowrt. The plaintiff traded a saw mill and fixtures to the defendant, Alex. Freeman, for two forty-acre tracts of lands, and one nine-acre tract, all adjoining. Each conveyed to the other with warranty. The title to one forty, being afterwards in litigation, Freeman and wife made a mortgage upon the other real estate, to the plaintiff^ to secure him, in the sum of two thousand dollars or so much thereof as the said Freeman shall be legally bound to pay by reason of the failure of his warranty. The title was afterwards, as to the one forty, adjudged • not to be in…
1Opinion of the CourtCole, J.
i.-mortgage: foreciosure. — I. The counsel for appellants claim that the action was not originally brought upon the award, but upon the covenant of warranty, and that this was a waiver of any right under the award. A fair construction, however, of the original petition renders it reasonably clear that the action was upon the award. The petition sets forth all the -facts of the case, including the submission, the award and the defendant’s refusal to perform it. The subsequent amendments of the petition simply made this claim more distinct and specific.
In our view also, it is quite competent…
2Cases cited3 opinions
- Thompson v. BlanchardSupreme Court of Iowa · 1855
- Linder v. LakeSupreme Court of Iowa · 1858
- Woodward v. AtwaterSupreme Court of Iowa · 1856
3Cited by8 opinions
- Texas Mexican Railway Co. v. DouglassTexas Supreme Court · 1888
- First National Bank in Cedar Falls v. ClaySupreme Court of Iowa · 1942
- Putterman v. SchmidtWisconsin Supreme Court · 1932
- Ames Canning Co. v. Dexter Seed Co.Supreme Court of Iowa · 1922
- Patterson & Wallace v. FrazerTexas Supreme Court · 1906
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