Newburn v. Lucas
Supreme Court of Iowa
Appeal from Polk District Court.— Host. James A. Howe, Judge. Suit in equity to recover damages for the breach of the covenants of warranty in a deed, and asking that the damages awarded be made a lien upon- the property deeded to the appellant in exchange for the land conveyed to ■ the plaintiff.- The defendant counterclaimed for a breach of warranty, and asked the reformation of the conveyance to the plaintiff. Judgment for the plaintiff, from which the defendant appeals.—
1Opinion of the Court
SiibbwiN, J.—
1. Deeds: breach of covenants; damages. The deed from the appellant to the plaintiff contains the usual covenants of warranty, without reservation of any kind. At .the time the conveyance was made — July 8, 1901 — the appellant’s grantor was in possession of the land, and entitled so to remain until the following March. He had also reserved the growing crops, and was entitled thereto at the time of. the appellant’s conveyance to the plaintiff. The evidence is not sufficient to warrant the reformation of the deed; it is not -the clear and convincing evidence necessary to overthrow…
2Cases cited18 opinions
- Hecht v. DettmanSupreme Court of Iowa · 1881
- Downard v. GroffSupreme Court of Iowa · 1875
- Alexander v. BishopSupreme Court of Iowa · 1882
- Barlow v. McKinleySupreme Court of Iowa · 1867
- Rush v. RushSupreme Court of Iowa · 1877
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3Cited by14 opinions
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- Estep v. BaileyOregon Supreme Court · 1919
- Boice v. CoffeenSupreme Court of Iowa · 1912
- Armstrong v. GiffordCourt of Appeals of Texas · 1917
- Roberts v. ArmstrongCourt of Appeals of Texas · 1919
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