Legal Opinion

Barker v. Kuhn

Supreme Court of Iowa

Decided June 10, 1874PublishedCited by 11 opinions

Appeal from Polic Pistriot Court. This is an action substantially grounded upon an alleged breach of a covenant of seizin contained in a conveyance of real estate.

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Appeal from Polic Pistriot Court. This is an action substantially grounded upon an alleged breach of a covenant of seizin contained in a conveyance of real estate. The plaintiff, by his petition and amendment, states his cause of action in different groups of facts. • One, that he sold defendant a house and lot, in consideration of the payment of the liens thereon and two hundred acres of land, valued at $1500: that defendant conveyed him the land and afterwards obtained and canceled the deed, against plaintiff’s wish. The other states the same trade, and a conveyance of the land to. E. J.'…

1Opinion of the CourtCole, J.

l. covmnyof contract, — I. The evidence tended to show that the contract of sale of the house and lot by the plaintiff to the defendant was substantially as stated by the petition; that after the execution of the conveyance of the land to plaintiff, the deed was handed to his son, who took it to the plaintiff’s residence and put it in a drawer as directed by the plaintiff, who is a blind man; on the same day the son, with the plaintiff’s knowledge, took the deed back to the defendant, who, at the son’s request, destroyed it, and then made another deed to Pratt, from whom the son, by his…

2Cited by11 opinions

  1. Harrison v. StateCourt of Appeals of Maryland · 1975
  2. Burgess v. Sims Drug Co.Supreme Court of Iowa · 1901
  3. Herman v. SchlesingerWisconsin Supreme Court · 1902
  4. Jones v. StateMississippi Supreme Court · 1887
  5. Blackshire v. Iowa Homestead Co.Supreme Court of Iowa · 1874

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