93 Iowa 16 | Iowa | 1894
In the latter part of February, A. D. 1890, the plaintiff and defendant, S. G. Rayl, entered into an oral contract for the purchase and sale of one hundred acres of land lying in Wapello county, at the :agre'ed price of two thousand five hundred dollars. The plaintiff paid the defendant the sum of ten dollars to bind the bargain, was to assume a mortgage of one thousand two hundred hollars npo,n the .land, pay one
Much testimony pro and con, was taken on the question as to whether there was a delivery of the deed by Cremer to his son before his second marriage, but in the view we take of the case it is not necessary to determine whether it was so delivered or not. It-is more than likely that the plaintiff, in view of the claim made by Mrs. Cremer, was not compelled to take the land until her claim was disposed of. The presumption, no doubt, is that the deed was delivered when-acknowledged; but there is testimony that the deed was never delivered. See Moore v. Williams, 115 N. Y. 586, 22 N. E.