Legal Opinion

Lessenich v. Sellers

Supreme Court of Iowa

Decided January 30, 1903PublishedCited by 30 opinions

Appeal from Woodbury District Court. — Hon. TVank K. Gaynor, Judge. ApurL 22, 1897, the plaintiff entered into a written contract with defendant by the terms of which she- agreed to convey to him three lots, with flats thereon, in Sioux City, for 1,770 acres of land in Cherokee county, subject to incumbrance of $6,000, and to pay in difference $4,000 in cash and $12,000 upon the completion of the deal.

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Appeal from Woodbury District Court. — Hon. TVank K. Gaynor, Judge. ApurL 22, 1897, the plaintiff entered into a written contract with defendant by the terms of which she- agreed to convey to him three lots, with flats thereon, in Sioux City, for 1,770 acres of land in Cherokee county, subject to incumbrance of $6,000, and to pay in difference $4,000 in cash and $12,000 upon the completion of the deal. Each agreed to convey to the other by warranty deed, “with abstract showing perfect title.” “Each of the above parties agree to place their respective deeds in the Merchants’ National Bank of…

1Opinion of the CourtLadd, J.

*317i. equity: venue: assignments of error. *316The plaintiff, at the beginning of this -action, was a resident of Woodbury county/ where the defendant bank also was located. The defendant Sellers was a resident of Cherokee county, and to it he moved the •cause be transferred on the ground of such residence, that he was the sole party in interest, and that the bank was in no wise interested in the controversy. The contract •stipulated that “each of the above parties agree to place their respective deeds in the Merchants’ National Bank c.f .Sioux City, Iowa, until the abstracts are-completed, or the…

2Cases cited15 opinions

  1. Stevenson v. PolkSupreme Court of Iowa · 1887
  2. Smith v. TaylorCalifornia Supreme Court · 1890
  3. Powers v. County of O'BrienSupreme Court of Iowa · 1880
  4. Clark v. RaymondSupreme Court of Iowa · 1892
  5. Marshall v. WestropeSupreme Court of Iowa · 1896

10 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Fagan v. HookSupreme Court of Iowa · 1905
  2. Howe v. CoatesSupreme Court of Minnesota · 1906
  3. Waters v. PearsonSupreme Court of Iowa · 1914
  4. Martin v. RobertsSupreme Court of Iowa · 1905
  5. Moser v. TuckerCourt of Appeals of Texas · 1917

25 more not listed; retrieve them via the Exa API.

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