Davis v. Walker
Supreme Court of Iowa
Appeal from Jasper District Court. — D. W. Hamilton, Judge. Suit to foreclose a mortgage. Defendant pleaded a counterclaim for damages, based on false representations claimed to have been made by plaintiff in the exchange of lands, the land received by defendant in the exchange being the land on which the mortgage sought to be foreclosed was given. A balance after canceling the mortgage was allowed on counterclaim, and judgment entered accordingly. Plaintiff appeals. —
1Opinion of the CourtArthur, J.
1- asKAneoéssSymíer On November 23, 1917, J. W. Davis, plaintiff, appellant, and Frank W. Walker, defendant, appellee, entered into a written contract for the exchange of farms, whereby the plaintiff agreed to and afterwards did convey to the defendant 281 acres of land, situated in Jasper County, Iowa, the defendant assuming a mortgage for $7,500 resting on the land, and executing a second mortgage on the land to Davis for $21,500. The defendant agreed to and did afterwards convey to Davis 320 acres of land situated in Wilkin County, Minnesota, Davis assuming the mortgage of $7,500 existing…
2Cases cited14 opinions
- Hetland v. BilstadSupreme Court of Iowa · 1908
- Davis v. Central Land Co.Supreme Court of Iowa · 1913
- Haigh v. White Way Laundry Co.Supreme Court of Iowa · 1914
- Stoke v. ConverseSupreme Court of Iowa · 1911
- Dorr v. CorySupreme Court of Iowa · 1899
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3Cited by7 opinions
- Tott v. DugganSupreme Court of Iowa · 1924
- Horton v. ReynoldsCourt of Appeals for the Eighth Circuit · 1933
- Thompson v. FinchSupreme Court of Iowa · 1923
- American Universal Insurance v. Scherfe Insurance AgencyDistrict Court, S.D. Iowa · 1954
- Deetkin v. ScholesSupreme Court of Iowa · 1922
2 more not listed; retrieve them via the Exa API.