Legal Opinion

Thompson v. Merrill

Supreme Court of Iowa

Decided June 6, 1882PublishedCited by 8 opinions

Appeal from Polk Circuit Court. The plaintiff claims that she leased of tlie defendant, for one year, from March 1, 1877, a certain tract of land containing four hundred and forty-three and acres, and in consideration of said lease conveyed to defendant her right of homestead and dower interest in said land, worth $1,500; that the defendant never delivered to plaintiff the possession of one hundred and forty-five aeres of said land, and. the plaintiff did not obtain…

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Appeal from Polk Circuit Court. The plaintiff claims that she leased of tlie defendant, for one year, from March 1, 1877, a certain tract of land containing four hundred and forty-three and acres, and in consideration of said lease conveyed to defendant her right of homestead and dower interest in said land, worth $1,500; that the defendant never delivered to plaintiff the possession of one hundred and forty-five aeres of said land, and. the plaintiff did not obtain possession, and did not have the use of said one hundred and forty-five acres during the said time. The plaintiff claims damages…

1Opinion of the Court

Dav, J.-

-Thomas Thompson and N. W. Thompson entered into a written contract with J. II. Merrill, to sell and convey to him all of the four hundred and forty-three and acres of land referred to in the petition, for the price of thirty-three and one-third dollars per acre, the greater part of which was to be paid by assuming certain incumbrances upon the land* This contract was signed by Thomas Thompson, N. M. Thompson, Salina A. Thompson and J. H. Merrill, and contains the following provisions: “ And it is further expressly agreed that the said party of the second part, in consideration of the…

2Cases cited1 opinion

  1. Childs v. McChesneySupreme Court of Iowa · 1866

3Cited by8 opinions

  1. Thordson v. KruseSupreme Court of Iowa · 1915
  2. Burns v. CooperCourt of Appeals for the Eighth Circuit · 1905
  3. Gensburg v. Marshall Field & Co.Supreme Court of Iowa · 1898
  4. Erickson v. JohnsonSupreme Court of Iowa · 1915
  5. Irish v. SteevesSupreme Court of Iowa · 1912

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