Hencke v. Johnson
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. This is an action to recover damages for the breach of the covenants in a deed for certain real estate. The action was aided by an attachment. The defendant, in addition to an answer putting, in issue the plaintiffs right of recovery, set up a claim for damages for the alleged wrongful suing out of the writ of attachment.
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Appeal from Winneshiek Circuit Court. This is an action to recover damages for the breach of the covenants in a deed for certain real estate. The action was aided by an attachment. The defendant, in addition to an answer putting, in issue the plaintiffs right of recovery, set up a claim for damages for the alleged wrongful suing out of the writ of attachment. There was a trial by the court, and a judgment for plaintiff for one dollar damages for breach of the covenants 'in the deed, and for the defendant for $69.85 damages for wrongfully suing out the attachment. Plaintiff appeals.
1Opinion of the CourtRothrock, J.
I. The defendant executed and delivered to the plaintiff a deed for certain real estate, with the usual covenants of warranty. It appears that at the time of the conveyance she was not the full owner of the real estate, and that she owned but an undivided one-third thereof, and that her children, who were minors, owned the other two-thirds-The defendant at the time of the conveyance was a widow, and the property conveyed was inherited from her deceased husband by her and her children. At the time she made the deed she was guardian of the children. Afterwards she resigned her guardianship.…
2Cases cited3 opinions
- Nosler v. HuntSupreme Court of Iowa · 1865
- Ryder v. ThomasSupreme Court of Iowa · 1871
- Horner v. HarrisonSupreme Court of Iowa · 1873
3Cited by8 opinions
- McNair v. SockriterSupreme Court of Iowa · 1924
- Foshay v. ShaferSupreme Court of Iowa · 1902
- Ogden v. BallSupreme Court of Minnesota · 1888
- Bowne v. WolcottNorth Dakota Supreme Court · 1891
- Knapp & Spalding Co. v. Barnard & Co.Supreme Court of Iowa · 1889
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