Twogood v. Stephens
Supreme Court of Iowa
Appeal from Benton District Court. The record, in its essential particulars, reveals tbe following state of case: In April, 1852, the defendant, Andrew D. Stephens, purchased of Irvin D. Simison, the school fund commissioner of Benton county, the east half of section thirty-five, and the northeast quarter of the northeast quarter of said section thirty-five, all in township eighty-two (82), north of range twelve (12) west, being 360 acres, at $1.25 per acre, paying…
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Appeal from Benton District Court. The record, in its essential particulars, reveals tbe following state of case: In April, 1852, the defendant, Andrew D. Stephens, purchased of Irvin D. Simison, the school fund commissioner of Benton county, the east half of section thirty-five, and the northeast quarter of the northeast quarter of said section thirty-five, all in township eighty-two (82), north of range twelve (12) west, being 360 acres, at $1.25 per acre, paying one-fourth of the purchase-money down, and giving his note for the residue ($337.50) at ten years, with ten per cent interest…
1Opinion of the CourtLowe, J.
There is no material disagreement about the facts, except that which relates to the charge of fraud, as specified in the foregoing statement. And as to that, we unite in the opinion that the same is not adequately and satisfactorily established by the testimony.
Assuming then, the Iona fides of the transaction between Stephens and Clark, and looking at the facts attending the same, in connection .with the other granted facts in the case, we ask, what are the respective rights and equities of" the parties ?
i. uien: fnte’rest1.6 2 vendor dee:yi?i> feiture. First, as to the status and rights of…
2Cited by4 opinions
- Zion Church of the Evangelical Ass'n of North America v. ParkerSupreme Court of Iowa · 1901
- Chapman v. LesterSupreme Court of Kansas · 1874
- Haynes v. RolstinSupreme Court of Iowa · 1914
- Prudential Insurance Co. of America v. WestfallSupreme Court of Iowa · 1935