Zerbe v. Reigart
Supreme Court of Iowa
Appeal from Jackson District Court. The plaintiff alleges in her petition that on the 28th day of February, 1859, she sold to the defendant, Adam Gebhert, certain land for $2,400, receiving in cash $400, and the written obligations of Gebhert for the balance of the purchase money, and that at Gebhert’s request she executed a warranty deed for said land to Abraham N. Graeffj Gebhert and Graeff having an understanding and arrangement that if Gebhert would obtain the conveyance…
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Appeal from Jackson District Court. The plaintiff alleges in her petition that on the 28th day of February, 1859, she sold to the defendant, Adam Gebhert, certain land for $2,400, receiving in cash $400, and the written obligations of Gebhert for the balance of the purchase money, and that at Gebhert’s request she executed a warranty deed for said land to Abraham N. Graeffj Gebhert and Graeff having an understanding and arrangement that if Gebhert would obtain the conveyance of said land to Graeff to secure the payment of $2,100, which Gebhert was owing Graeff, Graeff should reconvey said…
1Opinion of the CourtDay, J.
I. The plaintiff took, and offered in evidence on her own behalf, the deposition of Adam Gebhert, who, amongst other things, testified that the circumstances under which the conveyance 'of the land in controversy was made to Henry Shellenberger, were substantially as alleged in the petition. The defendant, Reigart, and the Shellenbergers filed their motion excepting to this portion of the deposition of Gebhert upon the ground that, when his deposition was taken, he was interested in the. result of the suit adversely to the said defendants, and therefore was not a competent witness against…
2Cases cited1 opinion
- Wormley v. HamburgSupreme Court of Iowa · 1874
3Cited by5 opinions
- Stiles v. BreedSupreme Court of Iowa · 1911
- Ivers v. IversSupreme Court of Iowa · 1883
- Muir v. MillerSupreme Court of Iowa · 1891
- Culbertson v. Salinger & BrighamSupreme Court of Iowa · 1906
- Dubuque Lumber Co. v. KimballSupreme Court of Iowa · 1900