Horn v. Phillips
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. D. M. Anderson, Judge. Action to recover damages for a breach of the covenants of warranty in a deed executed by defendants to plaintiff William Horn, and one John Scott, now deceased, due to a shortage in the number of acres of land conveyed.
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Appeal from Appanoose District Court. — Hon. D. M. Anderson, Judge. Action to recover damages for a breach of the covenants of warranty in a deed executed by defendants to plaintiff William Horn, and one John Scott, now deceased, due to a shortage in the number of acres of land conveyed. Various issues were tendered by the pleadings which will be referred to in the body of the opinion, and upon these issues the case was tried to the court, resulting in a judgment for the plaintiffs, and defendants appeal.
1Opinion of the CourtDeemer, J.
On March 11; 1908, defendants executed a bond for a deed in which they agreed to convey to plaintiff William Horn and one John Scott, now deceased, who is here represented by his administratrix, a tract of land described as “the west two-fifth (%) of the east half of the southwest quarter of section one, except that part lying north of Walnut creek,” and the coal underlying the land. On January 13, 1909, another contract was made between them for the sale of this property, with other property which had been misdescribed. In neither the bond nor the contract was any mention made of the number…
2Cases cited11 opinions
- Van Wagner v. NostrandSupreme Court of Iowa · 1865
- Boddy v. HenrySupreme Court of Iowa · 1904
- Hosleton v. DickinsonSupreme Court of Iowa · 1879
- Barlow v. McKinleySupreme Court of Iowa · 1867
- Newburn v. LucasSupreme Court of Iowa · 1904
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3Cited by3 opinions
- Gardner v. KiburzSupreme Court of Iowa · 1918
- Prenosil v. PeltonSupreme Court of Iowa · 1919
- Schiltz v. FergusonSupreme Court of Iowa · 1930