Sweezey v. Collins
Supreme Court of Iowa
Appeal from Iowa Circuit Gov/rt. This is an action by plaintiff as assignee ot two promissory notes for $500 each, executed by John Collins, and dated April 25, 1868, payable to A. S. Blakeslee or bearer on the first days of May, 1870 and 1871, respectively, and to foreclose a mortgage executed to secure the same.
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Appeal from Iowa Circuit Gov/rt. This is an action by plaintiff as assignee ot two promissory notes for $500 each, executed by John Collins, and dated April 25, 1868, payable to A. S. Blakeslee or bearer on the first days of May, 1870 and 1871, respectively, and to foreclose a mortgage executed to secure the same. The defendants, as a counter-claim, allege that the notes were executed to A. S. Blakeslee in part consideration of the sale to defendant, John Collins, of certain real estate, which Blakeslee falsely and fraudulently represented to contain seventy-five acres, when he well knew that…
1Opinion of the CourtDay, J.
I. The evidence shows that in the deed to
Blakeslee the property was described as “ containing seventy-five 1. EviDisjjrcjs: adinissfbulty. acres, more or less.” The plaintiff introduced Mrs. A. R. Smith, the widow of A. S. Blakeslee, who was present when the deed from Blakeslee to Collins was executed. This witness testified: “ Blakeslee read the deed, and spoke of the words, more or less, having been left out, and Mr. Murphy said it would make no difference.”
The “ defendants moved the court to strike out all that part of the testimony of the witness as to whether Blakeslee read the deed, as…
2Cases cited6 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Taylor v. ElySupreme Court of Connecticut · 1856
- Combs v. CooperSupreme Court of Minnesota · 1861
- Petrie v. FeeterNew York Supreme Court · 1839
- Danforth v. AdamsSupreme Court of Connecticut · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Foreman v. ArcherSupreme Court of Iowa · 1906
- Gable v. HainerSupreme Court of Iowa · 1891
- Farmers' State Bank v. Herman Schultz EstateSupreme Court of Iowa · 1923
- Ross v. FerreeSupreme Court of Iowa · 1895
- Monona County v. GraySupreme Court of Iowa · 1925
3 more not listed; retrieve them via the Exa API.