Devin v. Eagleson
Supreme Court of Iowa
Appeal from Greene District Court. — Hon. J. P. Conner, Judge. On August 24,1877, the plaintiff Devin was the owner of lot number 177, block 23, in the town of Jefferson, Greene county, Iowa, and on that day he conveyed the same to the defendant J. A. Thompson, in pursuance of a verbal agreement by which Thompson was to pay twelve hundred dollars for the lot, one hundred dollars of which he then paid in cash, and for the balance executed and delivered' to Devin his seven…
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Appeal from Greene District Court. — Hon. J. P. Conner, Judge. On August 24,1877, the plaintiff Devin was the owner of lot number 177, block 23, in the town of Jefferson, Greene county, Iowa, and on that day he conveyed the same to the defendant J. A. Thompson, in pursuance of a verbal agreement by which Thompson was to pay twelve hundred dollars for the lot, one hundred dollars of which he then paid in cash, and for the balance executed and delivered' to Devin his seven promissory notes. The first three notes falling due, and the interest on the others up to January 1, 1878, were paid by…
1Opinion of the CourtGiven, J.
I. Our first inquiry is whether at the time of the sale, and as a part thereof, it was agreed that Thompson should execute to Devin a mortgage on the lot to secure the seven promissory notes. We are entirely convinced that such was the agreement. Devin, - Mahlon Head and Albert Head each so testified, and they are corroborated by the facts that Devin and Thompson were strangers; that Devin had been informed by Mahlon Head that he did not understand that Thompson was worth a great deal of money; that credit was extended for the greater part of the purchase price, and on long time; and that…
2Cases cited4 opinions
- Prouty v. ClarkSupreme Court of Iowa · 1887
- Hulett v. WhippleNew York Supreme Court · 1870
- Cutler v. AmmonSupreme Court of Iowa · 1884
- Goodnow v. OakleySupreme Court of Iowa · 1885
3Cited by1 opinion
- Fisher v. ShropshireSupreme Court of the United States · 1893