Carson v. Lucore
Supreme Court of Iowa
Error, to Linn District Court. It appears by the bill of exceptions that Lucore had sold the land, so that he was unable to convey it to the plaintiff. This dispensed with tbe necessity of demanding a deed. Blann v. Smith, 4 Blackf. 517; Gil. Dig. 771. Tbe court erred in giving tbe jury instruction, that it was tbe duty of the plaintiff to tender a deed for defendant to execute. This we admit to be the English practice; but it has never been adopted in the United States.
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Error, to Linn District Court. It appears by the bill of exceptions that Lucore had sold the land, so that he was unable to convey it to the plaintiff. This dispensed with tbe necessity of demanding a deed. Blann v. Smith, 4 Blackf. 517; Gil. Dig. 771. Tbe court erred in giving tbe jury instruction, that it was tbe duty of the plaintiff to tender a deed for defendant to execute. This we admit to be the English practice; but it has never been adopted in the United States. Buckmaster v. Grundy, 1 Scam., 314 ; 2 Randolph, 20; 2 McLean, 495; Gil. Dig., 134, 779. The evidence on our part is not…
1Opinion of the Court
*36 Opinion by
Williams, C. J.
William J. Carson sued Rufus H.- Lucore in the district court of Linn county, in assumpsit, on an account filed for money had and received, &c. The plaintiff’s declaration contained the common counts, alleging an indebtedness of $150. Defendant pleaded non-assumpsit, and gave notice of set off. The cause was tried on the issue joined, and a verdict rendered by the jury, and judgment entered thereon in favor of the defendant, for the sum of fifty cents.
The plaintiff Carson sued out his writ of error to the judgment of the district court, upon which the cause is here…
2Cases cited3 opinions
- Etting v. Bank of United StatesSupreme Court of the United States · 1826
- Peyton v. BowellIndiana Supreme Court · 1823
- Cooper v. BrownU.S. Circuit Court for the District of Illinois · 1841