Legal Opinion

Baldwin v. Wheeler

Supreme Court of Iowa

Decided December 7, 1878PublishedCited by 1 opinion

Appeal from Cedar District Court. In 1852 the plaintiff became the owner of the north-east quarter, the east half of the north-west quarter, and the northwest quarter of the north-west quarter of section 29, township •82 north, of range 3 west, containing two hundred and eighty acres. October 4, 1873, Ludwig Burning obtained a tax deed for all of said property, and on the 2d day of January, 1874, he conveyed it to J. W. Drury.

Read the full summary

Appeal from Cedar District Court. In 1852 the plaintiff became the owner of the north-east quarter, the east half of the north-west quarter, and the northwest quarter of the north-west quarter of section 29, township •82 north, of range 3 west, containing two hundred and eighty acres. October 4, 1873, Ludwig Burning obtained a tax deed for all of said property, and on the 2d day of January, 1874, he conveyed it to J. W. Drury. On the 8th day of June, 1874, the plaintiff entered into a contract with J. W. Drury for the purchase of said land, and procured from him a bond for a deed and a lease…

1Opinion of the CourtDay, J.

i.assisumbstt: ñaua. It may be conceded that the assignment was made by plaintiff to Oakley for the purpose and under the circumstances alleged by plaintiff; but from a careful examination of the testimony, we feel constrained to hold that the claim of plaintiff respecting the *54assignment of the bond to Wheeler is not sustained by the evidence. The assignment from Baldwin to 'Wheeler expressly states that it is made in consideration of Wheeler agreeing to procure an extension of time on a note and mortgage for five hundred dollars given to Charles Smith. The plaintiff does not himself testify…

2Cited by1 opinion

  1. Kieth v. PaulkSupreme Court of Iowa · 1880

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API