Clark v. Ellsworth
Supreme Court of Iowa
Appeal from Ringgold District Gowrt. — Hon. R. C. Henry,. Judge. Action in equity to set aside a judgment, and to permit the plaintiff to appear and defend, and to set aside a sheriff’s' deed made to the defendant for certain lands sold under execution upon said judgment. A decree was entered, setting aside the judgment and sheriff’s sale and deed-, and confirming title to the land in the plaintiff and for costs against the defendant. The defendant appeals.
1Opinion of the CourtGtven, J.
I. The following statement of the facts made by the appellant is conceded and found to be substantially correct, and, with those hereafter noticed, will be sufficient for an understanding of the questions presented:
On the thirteenth day of September, 1878, the plaintiff and the defendant entered into a written contract 1. Judgment: fraud: equitable relief. for the purchase and sale of lands in r I°wa? by the terms of which it was agreed that the plaintiff Clark should buy and sell through the recommendation and assistance of the defendant Ellsworth. Clark was to allow and pay Ellsworth for…
2Cases cited2 opinions
- McConkey v. LambSupreme Court of Iowa · 1887
- Brown v. ByamSupreme Court of Iowa · 1882
3Cited by7 opinions
- Graves v. GravesSupreme Court of Iowa · 1906
- Tucker v. StewartSupreme Court of Iowa · 1903
- Farmers Exchange Bank v. TresterSupreme Court of Iowa · 1910
- Doyle v. DuganSupreme Court of Iowa · 1940
- Davenport v. MooreU.S. Circuit Court for the Southern District of Iowa · 1896
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