Johnson v. Hopkins
Supreme Court of Iowa
Appeal from Des Moines District Court. Statute of limitations in equity, etc.: speoifio performance. — The petition was filed August 17, 1859, and alleges that Enoch Wade, deceased, in consideration of $200, executed and delivered to the plaintiff the following contract: “ Burlington, May 22, 1838. Know all men by these presents, that I, 'Enoch Wade, agree with James Johnson to make him a deed to a certain parcel of land, situated on a certain piece of ground by the said…
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Appeal from Des Moines District Court. Statute of limitations in equity, etc.: speoifio performance. — The petition was filed August 17, 1859, and alleges that Enoch Wade, deceased, in consideration of $200, executed and delivered to the plaintiff the following contract: “ Burlington, May 22, 1838. Know all men by these presents, that I, 'Enoch Wade, agree with James Johnson to make him a deed to a certain parcel of land, situated on a certain piece of ground by the said Wade claimed, as the first settler or occupant, being south and adjoining the city of Burlington, being 60 feet by 120. I,…
1Opinion of the CourtDillon, J.
i. statute TioNs?reai ana personai actions. The controlling question in this case arises upon the statute of limitations pleaded and insisted upon by the defendants. The contract x ° SOught to be enforced is dated May 22, 1838. Wade, the ancestor of the defendants, died in the fall of 1843. When he procured title from the United States is not shown by the evidence, but it was at some time prior to his death. The plaintiff had a right of action, therefore, upon the contract in suit as early as 1843.
Our statute also provides (R. S., § 2740; Code, § 1659) that actions “ founded on written…
2Cases cited7 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Borst v. . CoreyNew York Court of Appeals · 1857
- Montgomery v. ChadwickSupreme Court of Iowa · 1858
- Wright v. LeclaireSupreme Court of Iowa · 1856
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3Cited by6 opinions
- Colvin v. McCuneSupreme Court of Iowa · 1874
- Campbell v. LongSupreme Court of Iowa · 1866
- Jamison v. PerrySupreme Court of Iowa · 1873
- Nelson v. WorrallSupreme Court of Iowa · 1866
- Johnson v. Burdett Town Co.Court of Appeals of Kansas · 1898
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