Legal Opinion

Grimes v. Martin

Supreme Court of Iowa

Decided April 7, 1860PublishedCited by 10 opinions

Appeal from Davis District Court. ON the 25th day of November, 1858, under an agreement entered into between the parties, the plaintiff exchanged one hundred and sixty acres of land, situated in Davis county, Iowa, which he valued at eighteen hundred dollars, for two hundred acres of land situated in Putnam county, Missouri, which he claims, was represented to him, by defendant, as good tillable land, of tbe first quality; that eighty acres of it was finely timbered, and…

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Appeal from Davis District Court. ON the 25th day of November, 1858, under an agreement entered into between the parties, the plaintiff exchanged one hundred and sixty acres of land, situated in Davis county, Iowa, which he valued at eighteen hundred dollars, for two hundred acres of land situated in Putnam county, Missouri, which he claims, was represented to him, by defendant, as good tillable land, of tbe first quality; that eighty acres of it was finely timbered, and that the whole of it was worth $6 per acre. That defendant agreed that if the same was not such land as represented he, the…

1Opinion of the CourtLowe, C. J.

The appellant makes the following points as errors in the proceedings below:

I. That the court erred in overruling the motion to suppress certain depositions.

The only reason assigned in support of the motion was that while the pleadings, notice and declimus represented the plaintiff under the name of Chilton M. Grimes, the deposition only set out the initial of the name Chilton, to-wit, C. M. Grimes. The deposition being regular in other respects, it is believed that this objection is quite too technical to justify a suppression of the deposition, especially when there was nothing in the…

2Cited by10 opinions

  1. In Re Smith's WillSupreme Court of Iowa · 1953
  2. Bevan v. HaydenSupreme Court of Iowa · 1862
  3. Davis v. ByrdIndiana Supreme Court · 1884
  4. Davenport v. OggSupreme Court of Kansas · 1875
  5. Collins v. Board of SupervisorsSupreme Court of Iowa · 1912

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