98 Iowa 576 | Iowa | 1896
I. On the thirtieth day of June, 1894, Thomas Collins was the owner of a farm of one hundred and sixty acres in Plymouth county. He resided on the farm with his wife and two children. On the day above mentioned, he and his wife entered into a written contract with the plaintiff herein, by which they sold the farm‘to the plaintiff for the sum of six thousand and eighty dollars. A small amount of money was paid in cash at the time the contract was executed. There were two mortgages on the land, for the aggregate sum of four thousand four hundred dollars, which the purchaser assumed to pay. In July of the same year, plaintiff paid to Collins the sum of six hundred dollars, and the balance due was to be paid March 1, 1895. This balance amounted to four hundred and fourteen dollars and ninety-six cents. There is no dispute about this amount. After the
These being the issues, a stipulation was made by all the parties, by which the farm was conveyed to the plaintiff, and the balance of the purchase money deposited in a bank, to await the decision of the court, as to whether it should be paid to the widow or to the