Prince v. Griffin
Supreme Court of Iowa
Appeal from Dubuque District Court. 'This was originally a proceeding in ejectment, commenced in May, 1863. In September, 1867, plaintiff substituted a bill in equity for her petition at law, asking that defendant Griffin, the holder of the legal title, be required to specifically perform a certain contract for the conveyance of the lot in controversy, made by one McDaniel with.the defendant Margaret H. Jackson.
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Appeal from Dubuque District Court. 'This was originally a proceeding in ejectment, commenced in May, 1863. In September, 1867, plaintiff substituted a bill in equity for her petition at law, asking that defendant Griffin, the holder of the legal title, be required to specifically perform a certain contract for the conveyance of the lot in controversy, made by one McDaniel with.the defendant Margaret H. Jackson. The undisputed facts, as derived from the pleadings, and an immense mass of documentary evidence, are these: McDaniel, in September, 1858, was the owner of the lot, and then entered…
1Opinion of the CourtWright, J.
oontbact : time yencior anifyendee' This controversy is between plaintiff and defendant Griffin, who holds under McDaniel. Mrs. Jackson (her husband, L. W., is dead) makes no claim to the property as against McDaniel and his grantees, but does resist plaintiff’s right to a specific performance. She and the other defendants deny any indebtedness to Prince from the husband (Jackson); insist that the assignment of the agreement to convey was obtained without consideration, by fraud, etc., and that the same is true of the mortgage. It is also claimed that the judgment of foreclosure was obtained…
2Cases cited3 opinions
- Armstrong v. PiersonSupreme Court of Iowa · 1857
- Laverty v. Hall's AdministratrixSupreme Court of Iowa · 1865
- Pennsylvania Railroad v. CommonwealthSupreme Court of Pennsylvania · 1860
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- Carter v. WaltersSupreme Court of Iowa · 1894