Elwood v. O'Brien
Supreme Court of Iowa
Appeal from Howard District Court. — Hon. A. N. Hob-son, Judge. Suit in equity for the specific performance of a contract for the sale of real estate. Defense, unisoundness of mind and incapacity of the vendor, O’Brien. Trial to the court. Decree for plaintiff, and defendants appeal.—
1Opinion of the CourtDeemer, C. J.
1 — The execution of the contract, the payment of a part of the consideration, and a tender of the remainder, are all admitted. The sole issue in the case relates to appellant O’Brien’s condition of mind at the time he entered into the contract. The contract was made on November 14, 1894. On the twenty-second day of the same month, O’Brien was Taken before the board of inisane commissioners of Howard county, adjudged insane, and taken to the lum-ital at Independence, from which place he bias never been discharged, so far as shown. The contention now made in his behalf is that he was so far…
2Cases cited3 opinions
- Burgess v. PollockSupreme Court of Iowa · 1880
- Campbell v. CampbellSupreme Court of Iowa · 1879
- Throckmorton v. DavidsonSupreme Court of Iowa · 1886
3Cited by15 opinions
- Nowlen v. NowlenSupreme Court of Iowa · 1904
- Searles v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1910
- Watrous v. WatrousSupreme Court of Iowa · 1917
- Reese v. ShutteSupreme Court of Iowa · 1906
- Seawel v. DirstSupreme Court of Arkansas · 1902
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