Harper v. Perry
Supreme Court of Iowa
Appeal from Jones District Court. This originally was an action at law to recover the possession of certain lands. Defendant’s answer sets up an equitable defense, and is in the nature of a cross-petition, praying for affirmative relief against plaintiff and I. M. Preston and J. H. Preston, who were made parties thereto. The cause was transferred to the Chancery docket.
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Appeal from Jones District Court. This originally was an action at law to recover the possession of certain lands. Defendant’s answer sets up an equitable defense, and is in the nature of a cross-petition, praying for affirmative relief against plaintiff and I. M. Preston and J. H. Preston, who were made parties thereto. The cause was transferred to the Chancery docket. Upon a hearing on the merits, defendant’s cross-petition was dismissed, and judgment rendered in favor of plaintiff for the recovery of the land. Defendant appeals.
1Opinion of the CourtBeck, J.
I. A discussion of the evidence, and a statement of the reasons upon which our conclusion as to the facts are based, would be of no benefit to the parties, and occupy many pages of the reports without profit to any one. We will therefore content ourselves with stating such conclusions, drawn from a careful consideration of the record.
1. I. M. Preston sold to defendant Perry, December 18, 1863, a part of the lands in controversy for $500. Within a week after, Perry paid $200 of the price agreed upon for the land, and received from Preston a bond for a deed when the balance of the…
2Cases cited4 opinions
- Stockton v. FordSupreme Court of the United States · 1851
- Merritt v. LambertNew York Court of Chancery · 1843
- Starr v. VanderheydenNew York Supreme Court · 1812
- Lawton v. BuckinghamSupreme Court of Iowa · 1863
3Cited by17 opinions
- Charles v. Roxana Petroleum Corp.Court of Appeals for the Eighth Circuit · 1922
- Trayer v. ReederSupreme Court of Iowa · 1876
- Gilbert v. PlowmanSupreme Court of Iowa · 1934
- Ainsworth v. HardingIdaho Supreme Court · 1912
- Benbow v. BoyerSupreme Court of Iowa · 1893
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