56 Iowa 52 | Iowa | 1881
It is said that the plaintiff should have promptly offered to rescind the contract, and that by reason of the delay he is not entitled to relief. But the evidence show's that he did not ascertain until a short time before he brought this suit that the defendant did not have a patent when he made the assignment. Besides, there really was no rescission necessary upon the part of the plaintiff. By the assignment to him he received absolutely nothing which a rescission would require him to restore to the defendant.
It is said that the court belów had no jurisdiction to try the validity of the patent obtained by E. H. Eunlc in September, 1868; that the federal courts,alone have jurisdiction of all actions in which the validity or force of letters-patent is involved.
But the ready answer to this is that the validity of the patent which defendant obtained is not involved in the ac
The evidence-shows beyond question that Lewis S. Funk is not an innocent purchaser of the land claimed by him. lie was present when the negotiations for the exchange of property-were made, and at its consummation. Ilis name appears as an attesting witness to the assignment of the interest in the pretended patent. He took an active part in making the trade, and joined in the. representations made by the defendant, who was his brother, -and we think the evidence fairly shows that he represented that he had assisted his brother in obtaining a patent.
In our opinion the decree of the Circuit Court should be
Affirmed.