Butcher v. Buchanan
Supreme Court of Iowa
Appeal from Monroe District Court. Briefly, the plaintiffs made tbe following case: That in February, 1860, they recovered a judgment against defendants for $274; in September, 1861, levied and sold lots 5 and 6 in block 21, of the second survey of the town of Albia, as the property of defendants; which was bid in by plaintiffs, to whom the officer gave a certificate of purchase; but that in the levy, as returned on the execution, and also in the certificate of purchase, the…
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Appeal from Monroe District Court. Briefly, the plaintiffs made tbe following case: That in February, 1860, they recovered a judgment against defendants for $274; in September, 1861, levied and sold lots 5 and 6 in block 21, of the second survey of the town of Albia, as the property of defendants; which was bid in by plaintiffs, to whom the officer gave a certificate of purchase; but that in the levy, as returned on the execution, and also in the certificate of purchase, the above property was described ,as being in the first instead of the second survey of the town. After the expiration of…
1Opinion of the CourtLowe, J.
1. Statute of frauds: Parol promise. In reviewing the proceedings below we suPPose we are confined to the particular case as made, and the grounds of relief relied upon by the plaintiffs. These are two: One is, that the defendant made a parol promise to the plaintiff, after he had obtained the sheriff’s deed, that he would make to him a deed, correcting the mistake referred to. This promise, it is perhaps sufficient to say, was too clearly within the statute of frauds to make it available to the plaintiffs.
2. Estoppel: promise to redeem. ot^er point, and the one chiefly insisted upon…
2Cases cited1 opinion
- Lucas v. HartSupreme Court of Iowa · 1857
3Cited by2 opinions
- City of Burlington v. GilbertSupreme Court of Iowa · 1871
- Parker v. CoeSupreme Court of Iowa · 1925