Waterloo, Cedar Falls & Northern Railway Co. v. Harris
Supreme Court of Iowa
Appeal from Linn District Court. — Milo P. Smith, Judge. This is an action in equity for the specific performance of a written contract made by defendant Susanna Harris, in which she agreed to convey a right of way over lands owned by her, or in which she had an interest, at the time the contract was executed.
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Appeal from Linn District Court. — Milo P. Smith, Judge. This is an action in equity for the specific performance of a written contract made by defendant Susanna Harris, in which she agreed to convey a right of way over lands owned by her, or in which she had an interest, at the time the contract was executed. Defendants deny the validity of the contract; say that, at the time it was made, Susanna Harris did not own the land, and had no authority to make a contract for a right of way thereover; and further plead that J. W. Ji. Harris is now the owner of the land unencumbered by the right of…
1Opinion of the CourtDeemer, J.
l. dower : nature of estate: sale of part prior to admeasurement: euect. I. On November 15, 1913, Susanna Harris entered into a written agreement with plaintiff, whereby she agreed to give plaintiff “a strip of land 100 feet in width, the same being 50 feet on each side of the center line which may be hereafter located and staked out over and across the lands now owned by me.” The consideration for the agreement was plaintiff’s promise to locate and grade a right of way for its interurban railway over and upon the land said to be owned by Susanna Har*151ris, and the location of the tracks thereon…
2Cases cited29 opinions
- Gates v. SalmonCalifornia Supreme Court · 1868
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- Stark v. BarrettCalifornia Supreme Court · 1860
- Rice v. NelsonSupreme Court of Iowa · 1869
- Campau v. GodfreyMichigan Supreme Court · 1869
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3Cited by5 opinions
- Watrous v. WatrousSupreme Court of Iowa · 1917
- Van Veen v. Van VeenSupreme Court of Iowa · 1931
- In Re Estate of CaylorSupreme Court of Iowa · 1929
- Prichard v. AndersonSupreme Court of Iowa · 1938
- Van Veen v. Van VeenSupreme Court of Iowa · 1931