Oaks v. Harrison
Supreme Court of Iowa
Appeal from Louisa District Court. Plaintiff, being tbe owner of forty acres of improved land in Louisa county, exchanged it for a quarter section, unimproved, in Hardin county, and $100 in money. This was in October, 1864, and in February following, he commenced this suit, to rescind said contract, having tendered a deed for the land in Hardin, the $100 in money, and demanded a reconveyance of the forty.
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Appeal from Louisa District Court. Plaintiff, being tbe owner of forty acres of improved land in Louisa county, exchanged it for a quarter section, unimproved, in Hardin county, and $100 in money. This was in October, 1864, and in February following, he commenced this suit, to rescind said contract, having tendered a deed for the land in Hardin, the $100 in money, and demanded a reconveyance of the forty. It is averred, that plaintiff had no opportunity to see the land in Hardin, that defendants represented it to be near a railroad, reasonably convenient to timber, in a good neighborhood,…
1Opinion of the CourtWright, J.
fraud: burden of proof. The testimony fails to sustain plaintiff’s bill, and it was therefore very properly dismissed. To say the least, it is.left in much doubt, whether defendant ever made the representations charged. The presumption is, that the transaction was fair and honest, and as plaintiff affirms the contrary, it is his duty to sustain his allegations by sufficient proof, by such evi*180denee as will satisfy the conscience of the chancellor. When, upon all the facts, the case is left in equipoise, the party affirming must Jail. Rupert v. Dunn, 1 Rich. 101.
When, however, we look at the…
2Cases cited4 opinions
- Lloyd v. BrewsterNew York Court of Chancery · 1834
- Lawrence v. DaleNew York Court of Chancery · 1817
- Bronson v. . WimanNew York Court of Appeals · 1853
- Wilmot v. RichardsonThe Superior Court of New York City · 1857
3Cited by2 opinions
- Gibbs v. Farmers' & Merchants' State BankSupreme Court of Iowa · 1904
- Root v. DavisMontana Supreme Court · 1890