Jordan v. Wimer
Supreme Court of Iowa
Appeal from Keokuk District Court. On the 8th day of April, 1870, Gabriel É. Snyder sold and conveyed to E. M. Wimer certain real estate for the sum of §4,000, all of which was paid at the time of making the deed, except the sum of $1,150, which was to be paid in two years from that date. No note, mortgage nor any kind of writing whatever was executed for the unpaid purchase money.
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Appeal from Keokuk District Court. On the 8th day of April, 1870, Gabriel É. Snyder sold and conveyed to E. M. Wimer certain real estate for the sum of §4,000, all of which was paid at the time of making the deed, except the sum of $1,150, which was to be paid in two years from that date. No note, mortgage nor any kind of writing whatever was executed for the unpaid purchase money. On the 29th day of March, 1872, E. M. Wimer executed a promissory note to George Storm for the sum of $2,000, due June 1st, 1873, secured by a mortgage on an undivided one-half of the premises conveyed to him by…
1Opinion of the CourtDay, J.
i. practice: trial: appeal. I. It is claimed that appellant is not in a position to be heard in this court, because no motion was made f°r a trial upon written evidence. The abstract contains all the evidence. There is no conflict or dispute respecting the facts. Errors have been assigned. Whilst, therefore, appellant may not be entitled to a trial de •novo, he has a right to have the errors assigned considered. Walker v. Plumer, 44 Iowa, 406.
2..vendor’s, exists. II. Appellee claims that the doctrine has never yet been adopted in this State that the vendor shall have a lien, independently of…
2Cases cited6 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Rosier v. HaleSupreme Court of Iowa · 1860
- Johnson v. McGrewSupreme Court of Iowa · 1876
- Malony v. FortuneSupreme Court of Iowa · 1863
- Porter v. City of DubuqueSupreme Court of Iowa · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Bank v. BrownSupreme Court of Iowa · 1909
- Larson v. MetcalfSupreme Court of Iowa · 1926
- Smith v. WellslagerSupreme Court of Iowa · 1898
- Aetna State Bank v. FremmerSupreme Court of Iowa · 1931
- Schmeltz v. SchmeltzSupreme Court of Iowa · 1879
4 more not listed; retrieve them via the Exa API.