Crawford v. Taylor, Richards & Burden
Supreme Court of Iowa
Appeal from Howard District Court. In January, 1872, the plaintiff filed his petition in the District Court, alleging that he is the absolute owner of the real estate therein described; that the same was conveyed to him by Henry Crawford, November 1, 1871; that Henry Crawford theretofore was the owner of said land by patent title from the United States, issued February, 1870. That on the 17th day of May, 1857, said Henry Crawford purchased on credit of Taylor, Richards &…
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Appeal from Howard District Court. In January, 1872, the plaintiff filed his petition in the District Court, alleging that he is the absolute owner of the real estate therein described; that the same was conveyed to him by Henry Crawford, November 1, 1871; that Henry Crawford theretofore was the owner of said land by patent title from the United States, issued February, 1870. That on the 17th day of May, 1857, said Henry Crawford purchased on credit of Taylor, Richards & Burden a land warrant, with which to enter said land, at $200, and borrowed $10 in money of them under an usurious…
1Opinion of the Court
Miller, Ch. J.
I. This case comes here for tidal de novo on the evidence and the law applicable thereto. Plaintiff’s theory of the case is that the conveyance executed by Ilenry Crawford, his grantor, to John W. Taylor, was in legal contemplation *263a mortgage; that having purchased and received a conveyance of the land from ITenry Crawford, he, the plaintiff, has a right to redeem the same from the mortgage by the payment of the debt which it was given to secure.
i. mortgage: absolute deed. "We are of opinion from the evidence that said deed from plaintiff’s grantor.to John W. Taylor was made…
2Cases cited2 opinions
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Trucks v. LindseySupreme Court of Iowa · 1865
3Cited by9 opinions
- Adams v. HoldenSupreme Court of Iowa · 1900
- Dorsey v. ConradNebraska Supreme Court · 1896
- Albee v. CurtisSupreme Court of Iowa · 1889
- Mahaffy v. FarisSupreme Court of Iowa · 1909
- McKesson v. HawleyNebraska Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.