47 Iowa 284 | Iowa | 1877
This cause has been already once before this court upoií appeal (44 Iowa, 249). The facts of the case are fully stated in the decision upon the former appeal and need not be repeated. The judgment of the court below was reversed. It was held by this court that plaintiff was entitled • to recover $500 and interest, upon tender of a conveyance of Hie land to defendant. Upon the filing of th% procedendo the
The motion of plaintiffs for judgment was overruled. The motion of defendant for leave to file the amendment to the answer was sustained, and the amendment was filed. From these rulings plaintiffs appeal.
It was defendant’s right to have a re-conveyance of the land free from any incumbrance or lien created by the acts of the plaintiffs. He was under no obligation to accept a release or quit-claim. The conveyance should contain covenants warranting the title against all acts done by plaintiffs. It was defendant’s right also to have the land free in fact from any judgment against plaintiffs or any mortgage executed by them.
As the plaintiffs originally commenced this suit without making a conveyance of the land, or an offer to convey it, it was defendant’s right to object by a proper pleading to the conveyance when it was tendered.
Affirmed.