Jones v. Gillett
Supreme Court of Iowa
Appeal from Clay District Court. — Hon. A. D. Bailie, Judge. Action in equity, to have a deed, absolute in form, under which defendant holds apparent legal title to an eighty-acre tract of land, declared to be a mortgage accepted by defendant, at the instance and request of plaintiff, for the purpose of securing to defendant the payment of the purchase price of said land. There was a decree for defendant, and plaintiff appeals.
1Opinion of the CourtMcClain, J.
Defendant’s apparent title to the land in controversy was acquired in January, 1899, by a warranty deed from one Davidson, the owner. Plaintiff’s claim is that, desiring to purchase the land from Davidson for $1,760 through one Crandall, the agent of the latter, and intending to pay $250 of the purchase price, he applied to defendant for a loan of the balance of the money, and it was verbally agreed between them that defendant would advance the necessary amount at seven percent interest, and take a deed for the land from Davidson as security; that subsequently, plaintiff being unable to…
2Cases cited7 opinions
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
- Bigler v. JackSupreme Court of Iowa · 1901
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Rogers v. DavisSupreme Court of Iowa · 1894
- Cosby v. BuchananSupreme Court of Alabama · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Fort v. ColbySupreme Court of Iowa · 1913
- Worley, Receiver v. CarterSupreme Court of Oklahoma · 1912
- Bennett v. HarrisonSupreme Court of Minnesota · 1911
- Davis v. WilsonSupreme Court of Iowa · 1946
- Bradford v. HelsellSupreme Court of Iowa · 1911
12 more not listed; retrieve them via the Exa API.