Montgomery v. Gibbs
Supreme Court of Iowa
Appeal from Mahasha, District Ciourt. This is a suit in equity in wbicb tlie plaintiffs ask a rescission of a contract for the conveyance, of certain real property, entered into between John "White, in his lifetime, and the plaintiffs, and for other relief. The court below rendered, judgment granting to plaintiffs a portion of the relief prayed. Defendants appeal. The facts necessary to an understanding of the questions decided are stated in the opinion.
1Opinion of the Court
Miller, Ch. J.
On the 21st day of January, 1869, John White, of the county of Mahaska, agreed in writing for the consideration of $28,225.00 to be thereafter paid, to convey to John Montgomery and A. W. McKey certain real property described in the writing. The consideration was, by the agreement, to be paid in installments, evidenced by promissory notes. Upon the payment of these notes, White was to 'execute a deed conveying the property to Montgomery and McKey, which deed was to contain covenants against all persons, liens, or incumbrances claimed through or caused by the grantor. The…
2Cases cited6 opinions
- Wiley v. HowardIndiana Supreme Court · 1860
- Brumfield v. PalmerIndiana Supreme Court · 1844
- Burge v. Cedar Rapids & Mo. R. R.Supreme Court of Iowa · 1871
- Winton v. ShermanSupreme Court of Iowa · 1866
- Hill v. SamuelMississippi Supreme Court · 1856
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3Cited by6 opinions
- Tewksbury v. HowardIndiana Supreme Court · 1894
- Wightman v. SpoffordSupreme Court of Iowa · 1881
- Iowa Mercantile Co. v. Blair & WendtSupreme Court of Iowa · 1904
- Vanderwilt v. BroermanSupreme Court of Iowa · 1926
- Utterback v. StewartSupreme Court of Iowa · 1938
1 more not listed; retrieve them via the Exa API.