Broom v. Wolfe
Supreme Court of Iowa
Appeal from Clinton Circuit Court.' Action at law to recover upon the covenants of warranty in a deed executed by defendant’s intestate, conveying certain land to plaintiff. The petition shows that the title fade ' and that plaintiff was evicted from the land. The plaintiff filed a motion to strike from the files- the answer of defendant, which was sustained. Defendant standing upon his answer, a judgment was rendered against him, from which he appeals.
1Opinion of the CourtBeck, J.
I. The answer of defendant, which, it is claimed, sets up an equitable defense, shows the following facts: The land described in the deed upon which this suit was brought was conveyed to defendant’s intestate, Ames, by one Elinn, by deed, containing the usual covenants of warranty, as security for three hundred and ninety-one dollars, borrowed money. Ames agreed to convey the property as required by Elinn, whenever the debt was paid or secured in some other manner. Elinn became'indebted to plaintiff, and to satisfy this claim it was agreed between these two parties that plaintiff should pay…
2Cases cited3 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Foster v. YoungSupreme Court of Iowa · 1872
3Cited by8 opinions
- Chestnut v. TysonSupreme Court of Alabama · 1894
- Barnett v. HugheySupreme Court of Arkansas · 1891
- Roger Williams National Bank v. Groton Manufacturing Co.Supreme Court of Rhode Island · 1889
- Packard v. KingmanMichigan Supreme Court · 1896
- Hunt v. . HayNew York Court of Appeals · 1915
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