Wachendorf v. Lancaster
Supreme Court of Iowa
Appeal from Clayton Circuit Court. This action was commenced in 1875 to recover damages for an alleged breach in the convenant against incumbrances in a deed to a lot iu the town of Buena Yista, Clayton county. The incumbrance complained of consisted of a railroad, which was built and maintained across a portion of the lot.
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Appeal from Clayton Circuit Court. This action was commenced in 1875 to recover damages for an alleged breach in the convenant against incumbrances in a deed to a lot iu the town of Buena Yista, Clayton county. The incumbrance complained of consisted of a railroad, which was built and maintained across a portion of the lot. The defendants by an answer and cross-bill claimed damages of tbe plaintiffs for the breach of the convenant against incumbrancee in a deed to forty acres of land. Tlie incumbrance whicli the defendants complained of consisted of a mortgage upon tbe land conveyed to them.…
1Opinion of the CourtEotheock, J.
1. PRACTICE in supreme court: finding undercondence^ot1" disturbed. It appears from the evidence that the transaction out of which this litigation had its origin consisted of an exchange of certain lands in the , ° state oí Wisconsin, owned by the plaintiffs, for 7 J 1 7 ^ie t°wn lot 1n Buena Yista, owned by the defendants. The parties in making the barter ail(j trade estimated the Wisconsin property at $4,000, and the town lot at $3,000. The plaintiffs claim that the evidence shows that the lot was depreciated in value one half by reason of the incumbrance, and that, as the parties fixed the…
2Cases cited1 opinion
- Blood v. WilkinsSupreme Court of Iowa · 1876
3Cited by4 opinions
- Johnson v. ElmenTexas Supreme Court · 1900
- Castor v. DufurSupreme Court of Iowa · 1907
- Laderoute v. ChaleNorth Dakota Supreme Court · 1900
- Evans v. DuncanSupreme Court of Iowa · 1891