Armstrong v. Pierson
Supreme Court of Iowa
Appeal from the Des Momes District Court. In Equity. Tbe complainant seeks to enforce tbe specific execution of an agreement to convey to bim certain lots, six in number, in tbe city of Burlington; to set aside a sheriff’s sale of tbe lots, under a judgment in favor of respondent, and to redeem the same from the said sale; and for perpetual injunction against two suits at law, commenced by respondent, to recover possession of the lots.
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Appeal from the Des Momes District Court. In Equity. Tbe complainant seeks to enforce tbe specific execution of an agreement to convey to bim certain lots, six in number, in tbe city of Burlington; to set aside a sheriff’s sale of tbe lots, under a judgment in favor of respondent, and to redeem the same from the said sale; and for perpetual injunction against two suits at law, commenced by respondent, to recover possession of the lots. The lots were purchased from respondent by complainant, on the 18th of June, 1851, for the sum of $700, for which he executed his note, payable in 'two years…
1Opinion of the CourtStockton, J.
The decree of the district court, so far as it was in favor of the defendant, for the recision of the contract and cancellation of the note — for the extinguishment of complainant’s claim to the real estate and improvements, and for vesting in defendant the title and possession of the property — was rendered as upon the prayer of defendant for relief, upon cross-bill. In this instance, however, no relief was in any manner prayed by defendant, by cross-bill or otherwise. The powers of the court of chancery were not invoked by him; and although, when it has acquired cognizance of a suit, as for…
2Cases cited5 opinions
- Putnam v. RitchieNew York Court of Chancery · 1837
- Young v. DanielsSupreme Court of Iowa · 1855
- Brink v. MortonSupreme Court of Iowa · 1856
- Compton v. ComerSupreme Court of Iowa · 1857
- Frederick v. CooperSupreme Court of Iowa · 1856
3Cited by14 opinions
- Adair v. BogleSupreme Court of Iowa · 1866
- State v. ThompsonSupreme Court of Iowa · 1859
- Forssell v. CarterSupreme Court of Florida · 1913
- Alexander v. JacksonCalifornia Supreme Court · 1891
- Thompson v. ColbySupreme Court of Iowa · 1905
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