Allen v. Cerro Gordo Co.
Supreme Court of Iowa
Appeal from Jasper Distriet Oourt. This is a suit in equity for a specific performance of a contract respecting the swamp lands of Cerro Gordo county. After the plaintiff’s rights attached, the county donated.the lands to the McGregor & Sioux City Railroad Co., and by said company they were conveyed to the defendant, Horace S. Taylor, both having notice of the plaintiff’s rights.
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Appeal from Jasper Distriet Oourt. This is a suit in equity for a specific performance of a contract respecting the swamp lands of Cerro Gordo county. After the plaintiff’s rights attached, the county donated.the lands to the McGregor & Sioux City Railroad Co., and by said company they were conveyed to the defendant, Horace S. Taylor, both having notice of the plaintiff’s rights. The District Court adjudged the contract under which the plaintiff claims, to be valid, and decreed a specific performance of it. The defendant, Taylor, appeals.
1Opinion of the CourtCole, J.
On May 16, 1863, the defendant, the County of Cerro Cordo, entered into a contract with one E. C. D. McKay, whereby it was agreed that McKay, for said county, should prosecute its claims upon the United States Government for swamp lands, under the several acts of Congress and the State Legislature, and that, if successful, he should have for the services of himself and those employed by him, and for the expenses incurred, one thousand dollars out of the cash indemnity, and the remaining proceeds should be equally divided between the county and McKay; Allen became assignee of McKay, in part,…
2Cases cited1 opinion
- Allen v. Cerro Gordo CountySupreme Court of Iowa · 1871
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