Legal Opinion

Bryant v. Hendricks

Supreme Court of Iowa

Decided December 7, 1857PublishedCited by 7 opinions

Appeal from the Appanoose District Oowrt. This was a petition in equity, to enforce the conveyance of six acres and a fraction of an acre of land, lying on the west side of the N. E. qr. of S. E. qr. of Sec. 4, T. 69, N. R. 17 W., and in Appanoose county.

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Appeal from the Appanoose District Oowrt. This was a petition in equity, to enforce the conveyance of six acres and a fraction of an acre of land, lying on the west side of the N. E. qr. of S. E. qr. of Sec. 4, T. 69, N. R. 17 W., and in Appanoose county. The bill states, that one Lucian Bryant, son of the petitioner, held a “ claim” right ■ to two eighty acre tracts, in sections three and four, of which the above named forty acre tract was a part; that the petitioner held a “ claim ” on a tract embracing the N. W. qr. of the same S. E. qr. of sec. 4; that the claim of petitioner extended on…

1Opinion of the CourtWoodward, J.

From tbe auswer and the testimony, but from tbe latter principally, it is quite manifest that, when Hendricks was negotiating for tbe purchase of tbe claim of Lucian Bryant, tbe latter informed him that bis father’s claim extended upon tbe north-east “ forty,” and that be, Lucian, was under obligation to regard it, and that be did reserve it from tbe sale; and acting for bis father, or, to carry out their understanding, agreed that his father would furnish money to purchase that parcel-It is well known, that so small a parcel cannot be entered at tbe land office, and that such an object is to…

2Cited by7 opinions

  1. Rose v. HaydenSupreme Court of Kansas · 1886
  2. Burden v. SheridanSupreme Court of Iowa · 1872
  3. Smith v. SmithSupreme Court of Iowa · 1916
  4. Byers v. JohnsonSupreme Court of Iowa · 1893
  5. Judd v. MoselySupreme Court of Iowa · 1870

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