Leach v. Forney
Supreme Court of Iowa
Appeal from Ma/rshall District Oourt. The plaintiffs purchased of the defendant a part of a lot in Marshalltown for fifteen hundred dollars. They paid one hundred down, and gave their note for the balance, payable on the first day of April following the purchase, and took from defendant his bond for title, by good and sufficient deed with covenants of general warranty, on the payment of the note.
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Appeal from Ma/rshall District Oourt. The plaintiffs purchased of the defendant a part of a lot in Marshalltown for fifteen hundred dollars. They paid one hundred down, and gave their note for the balance, payable on the first day of April following the purchase, and took from defendant his bond for title, by good and sufficient deed with covenants of general warranty, on the payment of the note. At the maturity of the note, the plaintiffs tendered to the defendant the amount due him, and demanded a conveyance according to the terms of the bond. The defendant refused to receive the money or…
1Opinion of the CourtCole, J.
i. specific SSípífaconveyl iu anoe This cause was not argued- orally, nor have we been so fortunate as to find an argument in print or writing or even a brief of points and authorities. It seems that the only legitimate question presented by the record in the case, is, whether a vendor of x-eal estate may avoid a specific performance of his covenant to convey a good and sufficient title, by showing that his wife, who is entitled to dower therein, refuses to join in the conveyance or relixxquish hex-dower in any mannex-.
It appears to have been the earlier practice-of courts of equity to…
2Cases cited4 opinions
- Clarke v. ReinsSupreme Court of Virginia · 1855
- Seager v. BurnsSupreme Court of Minnesota · 1860
- Troutman v. GowingSupreme Court of Iowa · 1864
- Weed v. TerryMichigan Supreme Court · 1846
3Cited by15 opinions
- Presser v. HildenbrandSupreme Court of Iowa · 1867
- Townsend v. BlanchardSupreme Court of Iowa · 1902
- Bradford v. SmithSupreme Court of Iowa · 1904
- Hirschman v. ForehandSupreme Court of Arkansas · 1914
- Fisher v. MillerSupreme Court of Florida · 1926
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