149 Iowa 419 | Iowa | 1910
The parties hereto entered into a written agreement October 4, 1907, by the terms of which plaintiff agreed to buy three hundred and ten acres of land, known as the “Valley View Farm of the Graham Banch,” and to pay therefor $19,375. Of this he undertook to pay defendant $10,000 and a stock of gents’ furnishing goods, shoes, etc., to be invoiced at once, and, if with fixtures of the agreed value of $373 this amounted to less than $9,375, plaintiff was to pay the difference in money less a discount of $234.35 allowed plaintiff because of the immediate delivery of the stock. Upon plaintiff’s election before February 1st following, defendant was to procure a loan for the $10,000, and up to $11,000 if needed, to cover the above difference, and possession of the farm was “to be given March 1, 1908, when second party is to have deed for the' land in usual warranty form with abstract of title, showing perfect title, free of any incumbrances.” The deed was to be delivered at the State Bank at Prairie City, and it was stipulated that, “if the first party (defendant) fails to furnish deed (warranty) together with abstract of title
(c) Allen Cate acquired the S. W. % N. W. % of section 36, township 70, range 18, and conveyed to Cornelius Brown the south thirty acres of it in 1870. In 1877 Brown appears to have conveyed about five acres of this land to one Gillis, who also obtained a tax deed for part of the land, but Joseph A. Graham acquired from Gillis through mesne conveyances the parcels thus transferred prior to March 1, 1908. Some criticism is made of a deed of the south fifteen acres of the forty, but this requires no attention, as the tract is not included in the contract. Cate does not appear of record to have conveyed the north ten acres of the tract, though Manuel Homer executed a deed of the north (nine and one-half) acres to Jacob Sweetman in March, 1869, and the latter, with his wife, quitclaimed the north ten acres to Joseph A. Graham in November, 1907, but prior to this, August 22, 1902, Martha Porter and others had conveyed the tract to the same grantee. A decree entered in January, 1908, declared that Cate and wife had executed a deed conveying the ten acres to Cornelius Brown, hut that the deed had not been filed for record, and declared that the decree stand in lieu of such record. No exception is taken to the effectiveness of this decree, and as Brown executed a deed of the north twenty-five acres of the forty to Graham April 25, 1908, appearing on the continuation of the abstract, the criticism, as made of the title of this parcel, that it had not passed from Brown to Graham, is unfounded.
The decree of the district court has our approval, and is affirmed.