Snow v. Flannery
Supreme Court of Iowa
Appeal from Fremont District Court. This was a proceeding in chancery to compel the specific performance of a contract. The complainant, in his bill, represents that in the year 1850, he purchased a claim upon the lands; that he, with his family, lived thereon, and cultivated and improved the same ; that at the time he purchased said claim the land was unsurveyed by the United States; that when said lands were surveyed the claim of petitioner proved to be upon the south half…
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Appeal from Fremont District Court. This was a proceeding in chancery to compel the specific performance of a contract. The complainant, in his bill, represents that in the year 1850, he purchased a claim upon the lands; that he, with his family, lived thereon, and cultivated and improved the same ; that at the time he purchased said claim the land was unsurveyed by the United States; that when said lands were surveyed the claim of petitioner proved to be upon the south half of the north-east quarter of section number ten, township sixty-nine, range seventy-three west; that some time after…
1Opinion of the CourtBaudwiN, J.
The appellant insists that the District Court erred in rendering a decree for plaintiff; 1st, for the reason that there was not sufficient evidence to justify the court in concluding that defendant had ever agreed to convey; 2d, that if any such contract to convey ever was made, it was in contravention of the laws of the United States, and therefore void.
The pleadings and the evidence, as admitted, show substantially the following state of facts: That the plaintiff, some years previous to a survey by the government, purchased a claim in Fremont county, in a neighborhood in which there was…
2Cited by13 opinions
- Inman Manufacturing Co. v. American Cereal Co.Supreme Court of Iowa · 1907
- Brake v. BallouSupreme Court of Kansas · 1877
- Oaks v. HeatonSupreme Court of Iowa · 1876
- Treadway v. WilderNevada Supreme Court · 1872
- Semer v. Auditor GeneralMichigan Supreme Court · 1903
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