Legal Opinion

Munson v. Sears

Supreme Court of Iowa

Decided April 22, 1861PublishedCited by 8 opinions

Appeal from Jackson District Court. On the 13th day of November, 1857, the complainant, Samuel B. Munson, and one Harvey Munson, since deceased, entered into a written contract with the. defendant, David Sears, of which the following is a copy: “Articles of agreement made by and between David Sears of the first part and Harvey Munson and S. B. Mun-son of the second part, witnesseth: That the said David Sears hereby agrees and binds himself, his heirs and executors and…

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Appeal from Jackson District Court. On the 13th day of November, 1857, the complainant, Samuel B. Munson, and one Harvey Munson, since deceased, entered into a written contract with the. defendant, David Sears, of which the following is a copy: “Articles of agreement made by and between David Sears of the first part and Harvey Munson and S. B. Mun-son of the second part, witnesseth: That the said David Sears hereby agrees and binds himself, his heirs and executors and administrators to make a good and sufficient warranty deed of one undivided half of the following described property, to the…

1Opinion of the CourtBaldwiN, J.

It was agreed between the parties, that either complainants or respondent had the right to except to the finding of the master, and appeal therefrom to the District Court. Sixteen exceptions were taken by the respondent to the report of the master, and each being overruled by the District Court, the defendant appeals.

Counsel, in their commendable zeal in behalf of their clients, have filed so many pleadings and arguments, which, with the evidence, present a record to this court of some seven or eight hundred pages, that while we regard it our duty to examine the same carefully and fully, we…

2Cases cited1 opinion

  1. Post v. KimberlyCourt for the Trial of Impeachments and Correction of Errors · 1812

3Cited by8 opinions

  1. Winter v. John Pipher & Co.Supreme Court of Iowa · 1895
  2. Mitchell v. BeckSupreme Court of Iowa · 1916
  3. Ruddick v. Otis & SnowSupreme Court of Iowa · 1871
  4. McCarney v. LightnerSupreme Court of Iowa · 1920
  5. Porter v. CurtisSupreme Court of Iowa · 1896

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