Zebley v. Sears
Supreme Court of Iowa
Appeal from Seott Circuit' Court. This action is brought against the administrator of the estate of William W Sayles, deceased, for a specifie performance of a contract to convey certain lands to tlie plaintiff, made by said deceased in his lifetime; and against the defendant, Eunice G. Sears, the holder of the last note given by plaintiff for the purchase money of the land, to obtain a deduction of a part thereof.
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Appeal from Seott Circuit' Court. This action is brought against the administrator of the estate of William W Sayles, deceased, for a specifie performance of a contract to convey certain lands to tlie plaintiff, made by said deceased in his lifetime; and against the defendant, Eunice G. Sears, the holder of the last note given by plaintiff for the purchase money of the land, to obtain a deduction of a part thereof. Eunice G. Sears filed a cross bill to require the'plaintiff to pay the note in full before having a decree for specific performance, etc. The court rendered judgment for plaintiff…
1Opinion of the Court
Miller, Ch. J.
— I. William W. Sayles, a married man, on the 19th day of July, 1869, executed to the plaintiff a written contract for the conveyance to him of certain lots in Scott county, loiva. At the same time the plaintiff- paid a part of the purchase price in cash and made and delivered his three negotiable promissory notes for the balance, the last note maturing July 19th, 1870. The notes were all dated and payable at Moline, in the State of Illinois. The condition of the contract or bond was, “ that if the said Jonathan Zebley shall pay said promissory notes at maturity, and shall in…
2Cases cited5 opinions
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