Hallam v. Todhunter
Supreme Court of Iowa
Appeal from Clarke District Court. Petition in ordinary on a note made by tbe defendant to the plaintiff for furniture. The answer set up a cross-demand against the plaintiff, based upon a conveyance of real estate made by the plaintiff to the defendant in July, 1862. The conveyance purported to be in consideration of three thousand four hundred dollars (but was in fact made on exchange of lands), and conveyed three different parcels or descriptions of real estate.
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Appeal from Clarke District Court. Petition in ordinary on a note made by tbe defendant to the plaintiff for furniture. The answer set up a cross-demand against the plaintiff, based upon a conveyance of real estate made by the plaintiff to the defendant in July, 1862. The conveyance purported to be in consideration of three thousand four hundred dollars (but was in fact made on exchange of lands), and conveyed three different parcels or descriptions of real estate. The first was of fifteen acres, more or less; the second was of sixteen acres, without the addition of the words “ more or less,”…
1Opinion of the CourtCole, J.
1. meastjbeoi’ DAMAGES : evidence. I. On the trial of the cause the defendant introduced a witness, and after proving the exchange of lands between the plaintiff and defendant, upon which the deed m controversy was given, asked him, “ what estimate was placed upon the property received by defendant, and the property defendant transferred to plaintiff at the time the contract was made ? ” This question was objected to by plaintiff; the objection was sustained by the court, and excepted to by the defendant. This ruling of the court was error. The question was pertinent and proper as tending to…
2Cases cited1 opinion
- Holmes v. ClarkSupreme Court of Iowa · 1860
3Cited by8 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Boddy v. HenrySupreme Court of Iowa · 1901
- Cawston v. SturgisOregon Supreme Court · 1896
- Neher v. HansenCalifornia Court of Appeal · 1910
- Howes v. AxtellSupreme Court of Iowa · 1888
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