Legal Opinion

Mitchell v. Moore

Supreme Court of Iowa

Decided May 7, 1868PublishedCited by 10 opinions

Appeal from Washington District Court. Suit in equity to set aside a contract for lands and to cancel deeds executed The plaintiff was the owner of lot 4, block 24, in Washington, Iowa; and the defendants were owners (the legal title being in the wife, Annette Moore), of the E. £ of S. E. -J- of Sec. 9, T. 72, R. 29 W., and N. E. J of S. E. J of Sec. 32, T. 73, R. 29 W., in Union county, Iowa.

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Appeal from Washington District Court. Suit in equity to set aside a contract for lands and to cancel deeds executed The plaintiff was the owner of lot 4, block 24, in Washington, Iowa; and the defendants were owners (the legal title being in the wife, Annette Moore), of the E. £ of S. E. -J- of Sec. 9, T. 72, R. 29 W., and N. E. J of S. E. J of Sec. 32, T. 73, R. 29 W., in Union county, Iowa. The exchange was made in July, 1865, the plaintiff giving his house and lot for the defendants’ lands and $200; the deeds were made and money paid at the time of the exchange. The defendant T. B. MoOre…

1Opinion of the CourtCole, J.

The plaintiff exchanged his house and lot in Washington, with defendants, for their land in Union county. The defendant T. B. Moore had actual knowledge of the location and quality of the lands, having then recently been upon and examined them. The plaintiff was induced by defendant to make the exchange, relying upon his representations as to the situation, quality and value of the lands. The plaintiff had no knowledge whatever as to them. Shortly after the trade, the plaint*396iff took a wagon load of his household goods and went from Washington, Iowa, to the-lands in Union county, with the view…

2Cases cited4 opinions

  1. Holmes v. ClarkSupreme Court of Iowa · 1860
  2. Blaney v. HanksSupreme Court of Iowa · 1862
  3. Nicholson v. HalseyNew York Court of Chancery · 1815
  4. Shepard v. FordSupreme Court of Iowa · 1860

3Cited by10 opinions

  1. Smith v. . RyanNew York Court of Appeals · 1908
  2. Boddy v. HenrySupreme Court of Iowa · 1904
  3. Billings v. MannMassachusetts Supreme Judicial Court · 1892
  4. Scott v. BurnightSupreme Court of Iowa · 1906
  5. Ross v. BolteSupreme Court of Iowa · 1914

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