Keeney v. Lyon
Supreme Court of Iowa
Appeal from Polio District Court. On the 12th day of April, 1858, plaintiff sold to defendant about two hundred acres of land, executed a bond for a deed, conditioned to make a conveyance upon the payment of some $6,600 — $2,000 within five days thereafter, and the balance in installments as therein recited. Lyon paid on this contract, say $1,100, and Keeney took possession because of the non-payment of the balance.
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Appeal from Polio District Court. On the 12th day of April, 1858, plaintiff sold to defendant about two hundred acres of land, executed a bond for a deed, conditioned to make a conveyance upon the payment of some $6,600 — $2,000 within five days thereafter, and the balance in installments as therein recited. Lyon paid on this contract, say $1,100, and Keeney took possession because of the non-payment of the balance. In September, 1858, plaintiff bought of one Leas, certain other lands, and in consideration thereof assigned to him the Lyon notes (other than the one first due) and took a bond…
1Opinion of the CourtWright, J.
In view of all the facts stated in the affidavits, and disclosed by the record, we cannot resist .the conclusion that the court erred in sustaining this motion.
i. pracSceto par-motion, It will be remembered that Leas was a party to the cross-bill. He was and is directly interested in the claim there made. ' He bought the Lyon notes from Keeney, and the record discloses that he obtained judgment on some of them. I he charge is that Leas and Keeney combin'ed to cheat and defraud Lyon; that the sale of said notes was colorable and pretended, and without consideration; and the prayer is that the…
2Cases cited2 opinions
- Wright v. LeclaireSupreme Court of Iowa · 1856
- Eno v. HuntSupreme Court of Iowa · 1859
3Cited by2 opinions
- Wetmore v. KarrickSupreme Court of the United States · 1907
- Iowa Savings & Loan Ass'n v. ChaseSupreme Court of Iowa · 1902