Ferrier v. Buzick
Supreme Court of Iowa
Appeal from the Polk District Court. Specific Performance. Iu September, 1854, complainant filed his bill against Buzick, the obligor in the bond, praying a conveyance, and asking an injunction to restrain the said defendant from selling the said property. This injunction was served on the 26th day of September, andin December of the same year, Buzick was served with notice of the pendency of said action.
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Appeal from the Polk District Court. Specific Performance. Iu September, 1854, complainant filed his bill against Buzick, the obligor in the bond, praying a conveyance, and asking an injunction to restrain the said defendant from selling the said property. This injunction was served on the 26th day of September, andin December of the same year, Buzick was served with notice of the pendency of said action. On the same day that the bill was filed, Buzick conveyed to his co-defendants, Scotts, which deed was not delivered until in May, 1855, and recorded June 23d, 1855. In that action, the…
1Opinion of the Court
"Wright, C. J.
— It is first objected that the proof is insufficient to show, that complainant is the holder of the bond given by Buzick to Bostick, or that he has such an interest in the property, as entitles him to a conveyance. No question is made as to the validity of the bond, nor as to the sufficiency of the assignment from Almond to complainant, but the objection goes to the assignment from Bostick to Almond. A sufficient and conclusive answer to this position, is, that the defendants nowhere in their answer, pretend to deny that complainant is the holder of the bond, nor his averment…
2Cases cited4 opinions
- Debell v. Foxworthy's heirsCourt of Appeals of Kentucky · 1848
- Clarey v. Marshall's HeirsCourt of Appeals of Kentucky · 1836
- Genet v. TallmadgeNew York Court of Chancery · 1815
- Ray v. Roe, on the Demise of BrownIndiana Supreme Court · 1829
3Cited by9 opinions
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Turner v. BabbSupreme Court of Missouri · 1875
- Rine v. WagnerSupreme Court of Iowa · 1907
- Des Moines Insurance Co. v. LentSupreme Court of Iowa · 1888
- Davis v. BonarSupreme Court of Iowa · 1863
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