Legal Opinion

Rathke v. Tyler

Supreme Court of Iowa

Decided April 8, 1907PublishedCited by 15 opinions

Appeal from Pottawattamie District Court.— How. N. W. Maoy, Judge. Suit to recover tbe amount overpaid for land owing to shortage in number of acres. Decree was entered as prayed, and defendant appeals.

1Opinion of the CourtLadd, J.

Plaintiff bought a tract of land of the defendant in January, 1902, the deed to which was executed February 28th following. It recited a consideration of $5,000 and described the land as situated in Mills county, being “ the east half of the northeast quarter and part of the southwest quarter of the northeast quarter, described as follows, to-wit: Commencing at the southeast corner of the southwest quarter of the northeast quarter, and running thence north forty-nine rods; then south eighty-six degrees west, sixty-nine rods, to the middle of Mosquito creek; thence down the middle of said…

2Cases cited14 opinions

  1. Smith v. FlyTexas Supreme Court · 1859
  2. Paine v. . UptonNew York Court of Appeals · 1882
  3. Belknap v. . SealeyNew York Court of Appeals · 1856
  4. Oakes v. . DelanceyNew York Court of Appeals · 1892
  5. Hosleton v. DickinsonSupreme Court of Iowa · 1879

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3Cited by15 opinions

  1. Fisher v. TrumbauerSupreme Court of Iowa · 1912
  2. Neighbor v. Pacific Realty Ass'nUtah Supreme Court · 1912
  3. Hinson v. RoofSupreme Court of South Carolina · 1924
  4. Johnson v. TrumpSupreme Court of Iowa · 1913
  5. Gardner v. KiburzSupreme Court of Iowa · 1918

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