Linder v. Lake
Supreme Court of Iowa
Appeal from the Johnson District Gowrt. The plaintiffs bring their suit upon the following instrument of writing, executed by defendants : “I, E. ~W. Lake, do this day, December 20th, 1855, agree and' bind myself, in the sum of five hundred dollars, to have the east half of the south half of the south-east quarter of section thirty-three, township eighty, range six, released of a certain mortgage executed by me to Matthew Johnson, I having this day sold forty acres of said…
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Appeal from the Johnson District Gowrt. The plaintiffs bring their suit upon the following instrument of writing, executed by defendants : “I, E. ~W. Lake, do this day, December 20th, 1855, agree and' bind myself, in the sum of five hundred dollars, to have the east half of the south half of the south-east quarter of section thirty-three, township eighty, range six, released of a certain mortgage executed by me to Matthew Johnson, I having this day sold forty acres of said land to Anton Linder, and Jacob Rees. Said release to be made in sixty days from this date. E. W. Lake. Ezekiel Clark.”…
1Opinion of the CourtStockton, J.
— The only question for our consideration *167is, whether there was error in the ruling of the district court in sustaining the demurrer.
I. The instrument of writing is certainly very clumsily drawn, but we think, there is little chance for mistake as to its meaning. By a slight transposition of the sentence, it may be thrown into proper shape, and all room for misapprehension obviated. If the names of the obligees are not expressed,’they are evidently implied, by the whole tenor of the agreement; and no one, we apprehend, would be liable to be misled into designating any other than the present…
2Cases cited1 opinion
- Funk v. CreswellSupreme Court of Iowa · 1857
3Cited by9 opinions
- Goodpaster v. PorterSupreme Court of Iowa · 1860
- Graves v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1891
- Norton v. ColgroveMichigan Supreme Court · 1879
- In Re Estate of GrahamSupreme Court of Iowa · 2004
- McKinnis v. FreemanSupreme Court of Iowa · 1874
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