Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 58

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 58

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...leases to Pilmer and Ash were executed long before the deed to defendant and the lease from defendant 1a: g;; g: ', t, L: dp'l1ainti1fi'. They were, however, not recorded,,, e, 1, _ ppe ant contends that defendant had no nobum' tice of them at the time of his purchase, and that they were, therefore, invalid as against the defendant, and the plaintiff, his lessee, and that the plaintiff ought to have taken possession of the premises, and, having failed to do so, cannot hold the defendant liable. The court found, however, as a fact, that defendant had actual notice of said leases, when he purchased said real estate. This finding, we think, is abundantly supported by the evidence. The negotiation for the purchase was conducted by Samuel Merrill, the brother of the defendant. The evidence is very clear that during this negotiation Samuel Merrill was informed of these leases. Notice to the agent is notice to the principal. The lessees acquired rights which they could enforce both against the defendant, and his lessee, the plaintiff. II. Is the plaintif hound by the terms of the contract with, a/nd the cooena/nts in the deed to, the defendant, J. H. llerrillf This question, it is evident, embraces two questions, as follows: First. Is the plaintiff bound by the terms of the 2. sunnrrzn contract with the defendant, J. H. Merrill? Sec iry f-the deed to the defendant, J. H. Merrill? 1. In answer to the first branch of the question it may be said that in the contract with the defendant, Salina A. Thompson agreed only to surrender her homestead right in said land. This she did by her conveyance. Whilst, there fore, the contract is binding upon her, she has performed its conditions, and no liability upon it now exists. 2. more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • United States
  • English
  • black & white illustrations
  • 123675753X
  • 9781236757531