Alexander v. Staley
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. D. K. Hind-man, Judge. Action at law to recover damages for breach of the covenants of warranty in a deed. Defendant admits the execution of the deed to plaintiff, but says it was done to ■enable him (plaintiff) to collect a claim against one Floon, who was the beneficial owner of the land; that he (defendant) received no consideration for the deed; and that plaintiff failed to comply with, and abandoned, his contract 'of purchase.
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Appeal from Hamilton District Court. — Hon. D. K. Hind-man, Judge. Action at law to recover damages for breach of the covenants of warranty in a deed. Defendant admits the execution of the deed to plaintiff, but says it was done to ■enable him (plaintiff) to collect a claim against one Floon, who was the beneficial owner of the land; that he (defendant) received no consideration for the deed; and that plaintiff failed to comply with, and abandoned, his contract 'of purchase. Soane other issues were tendered that will be referred to in the body of the opinion. The case ivas tried to a jury,…
1Opinion of the CourtDeemee, J.
1 March 27, 1895, defendant, Staley, and his wife entered into a contract with plaintiff, whereby, for the consideration of three thousand four hundred and fifty dollars, they agreed to convey a certain tract of land in Hamilton county, the legal title to which was apparently in the name of defendant Staley. The contract recites the payment of four hundred dollars of the purchase price;' and plaintiff was to pay the remainder by assuming an one thousand eight' hundred dollars incumbrance on the land, and by paying not to exceed the sum of five hundred dollars on a note on which defendant was…
2Cases cited4 opinions
- Dorris v. MillerSupreme Court of Iowa · 1898
- Swartz v. BallouSupreme Court of Iowa · 1877
- Meservey v. SnellSupreme Court of Iowa · 1895
- Yokum v. ThomasSupreme Court of Iowa · 1863
3Cited by6 opinions
- Young v. MainCourt of Appeals for the Eighth Circuit · 1934
- Peterson v. Des Moines Life Ass'nSupreme Court of Iowa · 1901
- Greene v. KeithleyCourt of Appeals for the Eighth Circuit · 1936
- Richards & Comstock v. FredricksonSupreme Court of Iowa · 1915
- Greene v. KeithleyCourt of Appeals for the Eighth Circuit · 1936
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