Kilmer v. Gallaher
Supreme Court of Iowa
Appeal from Harrison District Court. — Iíon. K. K. Gaynor, Judge. Action in equity to recover an amount alleg’ed to be due on a bond for tbe conveyance of real estate, and for the ic reclosure of the bond. There was a hearing on the merits and a decree for the plaintiff. The defendants appeal.
1Opinion of the Court
Kobinson, O. J.
At the time the transaction in controversy occurred, the defendant D. W. Gallaher owned one hundred and sixty acres of land, which he occupied, with his wife and co-defendant, as a homestead. The plaintiff held a mortgage on the land, and there were other incumbrances on it; the aggregate indebtedness for which it was liable being five thousand nine hundred and forty-six dollars and seventy-four cents. After some negotiations, the defendants, in November, 1895, executed what purports to be a warranty deed for the land. As a part of the transaction, the plaintiff assumed the…
2Cases cited7 opinions
- Moody v. FunkSupreme Court of Iowa · 1891
- Clayton v. EllisSupreme Court of Iowa · 1879
- Poweshiek County v. DennisonSupreme Court of Iowa · 1873
- Escher v. SimmonsSupreme Court of Iowa · 1880
- Burroughs v. EllisSupreme Court of Iowa · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wells v. OrdwaySupreme Court of Iowa · 1899
- Cadd v. SnellSupreme Court of Iowa · 1935
- Kilmer v. GallaherSupreme Court of Iowa · 1902
- Witmer v. FitzgeraldSupreme Court of Iowa · 1930
- Marker v. QuinlanSupreme Court of Iowa · 1925
1 more not listed; retrieve them via the Exa API.