Sweezey v. Collins
Supreme Court of Iowa
Appeal from Iowa Circuit Cov/rt. Action by plaintiff as the assignee of two promissory notes, dated April 25, 1868, payable to A. S. Blakeslee or bearer, on the 1st day of May, 1870 and 1871, respectively, and to foreclose a mortgage executed to secure the same.
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Appeal from Iowa Circuit Cov/rt. Action by plaintiff as the assignee of two promissory notes, dated April 25, 1868, payable to A. S. Blakeslee or bearer, on the 1st day of May, 1870 and 1871, respectively, and to foreclose a mortgage executed to secure the same. Defense that the notes were executed to A. S. Blakeslee in consideration of the sale to defendant of certain real estate which Blakeslee falsely and fraudulently represented to defendant to contain seventy-five acres, when he well knew that said tract contained but sixty-four acres and forty-six and one-half rods. Jury trial. Judgment…
1Opinion of the CourtDay, J.
— From the evidence it appeared that the note maturing May 1, 1870, was sold to plaintiff after the same became due. There was also evidence tending to show that the land was purchased by the acre; that the defendant was particular as to the quantity, and that Blakeslee represented that there were seventy-five acres in the piece. It clearly appears, also, that the tract contains but sixty-four acres and forty-six and one-half rods.
The description in the deed to defendant is as follows: “Seventy-five acres off of the west side of the south-east quarter of section number twenty-four; township,…
2Cases cited2 opinions
- Wilcox v. Iowa Wesleyan UniversitySupreme Court of Iowa · 1871
- Holmes v. ClarkSupreme Court of Iowa · 1860
3Cited by4 opinions
- Fearon Lumber & Veneer Co. v. WilsonWest Virginia Supreme Court · 1902
- Hood v. SmithSupreme Court of Iowa · 1890
- Morrow v. DowningSupreme Court of Iowa · 1930
- Montgomery v. ShockeySupreme Court of Iowa · 1873