Van Driel v. Rosierz
Supreme Court of Iowa
Appeal from Marion District Court. The facts, leading to the questions involved in this case,’ are as follows: On the 1st of August, 1860, defendant sold to Van Dam certain real estate, giving Mm a bond for a deed • the vendee being entitled to the rents and profits, and liable for taxes and repairs. Yan Dam, in writing, leased a portion of the premises so purchased to Sternberger, for one year, commencing March 1, 1863, the lease bearing that date.
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Appeal from Marion District Court. The facts, leading to the questions involved in this case,’ are as follows: On the 1st of August, 1860, defendant sold to Van Dam certain real estate, giving Mm a bond for a deed • the vendee being entitled to the rents and profits, and liable for taxes and repairs. Yan Dam, in writing, leased a portion of the premises so purchased to Sternberger, for one year, commencing March 1, 1863, the lease bearing that date. On the 6th of March, 1863, Yan Dam delivered this bond to plaintiff, with this indorsement, “ For value received, I hereby assign to J. Yan Driel…
1Opinion of the Court
Wri&ht, J.
The petition claims damages for cutting timber, and for other waste. As the court below did not *577allow any thing for this, we dismiss this part of the case without further notice. Nor was defendant allowed any thing “ for repairs.” The answer setting up the same is denied; the evidence is not before us; we can only presume that this part of defendant’s case was not sustained, and thus far the judgment below must stand affirmed.
The material questions, however, relate to the action of the court in admitting the bond from defendant to Yan Dam in evidence, and in holding that, by the…
2Cases cited1 opinion
- Abercrombie v. RedpathSupreme Court of Iowa · 1855
3Cited by13 opinions
- Knapp v. IsenbergerSupreme Court of Iowa · 1877
- Eiseley v. SpoonerNebraska Supreme Court · 1888
- Iowa Railroad Land Co. v. Estate of BoyleSupreme Court of Iowa · 1912
- Hall v. HallSupreme Court of Iowa · 1911
- Mathias v. MathiasSupreme Court of Iowa · 1914
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