Mathews v. Gilliss
Supreme Court of Iowa
Appeal from the Lee District (hurt. 'ON tbe 29tb of March, 1851, Gilliss was tbe owner of >share No. 20, in tbe balf-breed tract in Lee -county. He •resided in Kansas, Mo. One'Lyman E. Johnson, at that %ime visited defendant for -tbe .purpose of purchasing -that share. Being unable to contract, defendant made Johnson his agent to dispose of the same, and executed the following instrument or instruments: “Price of land drawn by Wm.
Read the full summary
Appeal from the Lee District (hurt. 'ON tbe 29tb of March, 1851, Gilliss was tbe owner of >share No. 20, in tbe balf-breed tract in Lee -county. He •resided in Kansas, Mo. One'Lyman E. Johnson, at that %ime visited defendant for -tbe .purpose of purchasing -that share. Being unable to contract, defendant made Johnson his agent to dispose of the same, and executed the following instrument or instruments: “Price of land drawn by Wm. Gilliss, share No. 20, in the half-breed tract in Lee county, Iowa:— Eor all my land, 880 acres, at $10 per acre, . . . $8,800 Lots in Keokuk, 1, 2, and 3, in block…
1Opinion of the CourtWeight, C. J.
We have above an outline of the present case. Some facts may have been omitted, to which we will revert, however, in the consideration of the legal questions involved. These questions may, for convenience, be considered under these heads: First. Had Johnson the power, under the authority given him, to make the contract and sale to Mathews, in the manner and on the terms specified in the agreement of the 1st of May, 1851 ? Second. If he had not, was such agreement subsequently ratified, so as to entitle the plaintiff to a specific performance, and a conveyance of this land ? Third. If, in…
2Cases cited7 opinions
- Pratt v. CarrollSupreme Court of the United States · 1814
- Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
- Brashier v. GratzSupreme Court of the United States · 1821
- Hepburn & Dundas v. AuldSupreme Court of the United States · 1809
- Cairnes v. BleeckerNew York Supreme Court · 1815
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Young v. DanielsSupreme Court of Iowa · 1855
- Coffin v. GephartSupreme Court of Iowa · 1865
- Britt v. GordonSupreme Court of Iowa · 1906
- University of Des Moines v. Polk County Homestead & Trust Co.Supreme Court of Iowa · 1893
- Morris v. EwingNorth Dakota Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.