Presser v. Hildenbrand
Supreme Court of Iowa
Appeal from Benton District Gowri. Sun in equity by tbe vendee against tbe vendor for a specific performance. On tbe 12th of April, 1866, defendant contracted in writing, bis wife not joining therein, to convey to plaintiff bis farm, of one hundred and sixty acres, for tbe sum of $2,200. At tbe date of tbe contract, $200 was paid thereon, and, by its terms, tbe balance was to be paid tbe first of May following, at which time be was to give a good and sufficient warranty…
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Appeal from Benton District Gowri. Sun in equity by tbe vendee against tbe vendor for a specific performance. On tbe 12th of April, 1866, defendant contracted in writing, bis wife not joining therein, to convey to plaintiff bis farm, of one hundred and sixty acres, for tbe sum of $2,200. At tbe date of tbe contract, $200 was paid thereon, and, by its terms, tbe balance was to be paid tbe first of May following, at which time be was to give a good and sufficient warranty deed, etc. This be refused to do, and plaintiff brought this suit to compel defendant to perform bis contract, but failed in…
1Opinion of the Court
Lowe, Ch. J.
The following is the referee’s finding of the facts of the case, as well as his conclusions of law:
1. That on the 12th day of April, A. D. 1866, the defendant, Henry A. Hildenbrand, was the owner in fee, and occupied the south-west quarter of section 15, township No. 83, range 12 west.
2. That Parmelia Hildenbrand, defendant, was on the 12th day of April, 1866, and had been for a long time prior thereto, and is now the wife of the said Henry A.; that at the time aforesaid, to wit, April 12, *4871866, and for a long time prior thereto, and ever since, she resided and has resided…
2Cases cited1 opinion
- Leach v. ForneySupreme Court of Iowa · 1866
3Cited by23 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Bethell v. . McKinneySupreme Court of North Carolina · 1913
- Townsend v. BlanchardSupreme Court of Iowa · 1902
- Martin v. MerrittIndiana Supreme Court · 1877
- Bradford v. SmithSupreme Court of Iowa · 1904
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