147 Iowa 37 | Iowa | 1910
Some time in the year 1899 plaintiff entered into a written contract with the defendants, other than Greenland, for the purchase of the land in controversy, and to pay therefor the sum of $500 in installments of $100 each. One hundred dollars was paid at the time of the delivery of the contract, and the final $100 was confessedly paid by defendant Greenland. He at that time had the contract, although it had never been assigned to him, and, when the final payment was made, defendants Brown and others executed and delivered a deed for the land to defendant Greenland. This deed was executed in April of the year. 1902, and was filed for record some time during the same month. This action was commenced by plaintiff some time in April of the year 1904, and is to set aside the deed to Greenland and to establish and quiet plaintiff’s title to the land. There is no doubt that t^he original contract was made by plaintiff for the purchase of the land, and he claims that he made all the payments save the last called for by the contract. He admits that the last payment was made by defendant Greenland, but he says that this payment was made for and on his behalf, for the reason that Greenland was then owing him more than the amount of the payment or all of the payments made by Greenland. 'He further says that he gave Greenland the contract without assignment shortly before the last payment was made in order that he, Green
Appellant is relying, not only on the legal title, but upon an equitable one resulting, as is claimed, from his payment of the purchase price. On the other hand, plaintiff is relying upon his contract of purchase, his payment of part of the purchase price, and a further claim that, although Greenland may have in fact paid part of the purchase price, whatever payments he made were because he was indebted in the amount thereof, if not more, to plaintiff, because of property sold by plaintiff -to said Greenland.
Moreover, the trial court had. the parties and witnesses before him, and in an° opinion filed indicated that some of the witnesses introduced by defendant were unworthy of belief because of their appearance and conduct. In view of this situation, some importance should be attached to the finding of the lower court.
IJpon the whole record we are satisfied with the decree as rendered, and it is affirmed.