27 Iowa 137 | Iowa | 1869
Chittenden & Sears held the property for one purpose and one only, to wit: as a security for their no tes against Nash. The only agreement they made with Nash was that when their debt was paid they would convey to Nash, or to any person he might name. They never agreed to convey to Cooper, nor does it appear that they, at any time, before the conveyance to him, which was as late as 1867, knew that there was any such person in existence. In the spring of 1866, Nash, with his own money, and without the knowledge, aid or procurement of Cooper, finished paying off his debt to Chittenden & Sears. He received the notes, and, instead of assigning them to Cooper, he destroyed them, and they are no longer in esse. And it is:not until eighteen months afterward, viz.: not until November 13th, 1867, that Chittenden & Sears convey to Cooper. This conveyance was not made because they
Keversed.