Rivers v. Olmsted
Supreme Court of Iowa
Appeal from Polk Circuit Court. These are actions in equity which involve the rights of the respective parties to certain lands in Dallas county. By a final decree, rendered after a consolidation of the suits, the title to the lands was declared to be in Hugh D. McCall. John D. Eivers and Louisa Eivers appeal. The facts are stated in the opinion.
1Opinion of the CourtEothrook, J.
I. On the first day of September, 1875, John D. Eivers purchased an entire section of land, excepting forty acres, and gave a mortgage for $6,100, bearing 10 per cent interest, payable annually, to secure the whole of the purchase money. Ontheeighth day of February, 1876, heconveyed the land to H. A. Olmsted, subject to the mortgage, said Olmsted having assumed and agreed to pay the same. The sale to Olmsted embraced a large quantity of other land in Dallas county, and a lot in the city of Des Moines. Olmsted conveyed that part of the land above described to his son, Charles S. Olmsted, and…
2Cited by2 opinions
- Kilpatrick v. HortonWyoming Supreme Court · 1907
- Deeg v. BarnesSouth Dakota Supreme Court · 1928