14 Iowa 515 | Iowa | 1863
The foreclosure of a title bond by the vendor, and for the correction of certain mistakes in the execution of the notes and bonds.
The petition states, that in April, 1855, the plaintiff sold certain tracts of land therein described to one Henry Taughn, according to the tenor of certain notes, and a bond which had been executed and delivered between the parties. About one year thereafter Taughn contracted to sell said lands to the defendant Tiers, whereupon Tiers and the plaintiff entered into an agreement with reference to the same, whereby the said Tiers executed and delivered to plaintiff his eight promissory notes, dated on the 15th of April, 1856, payable on the 16th day of March, 1858, ’59, ’60, ’61, ’62, ’63, ’64, ’65, amounting in the aggregate to $2,624.60. Copies of said notes and title bond are annexed to the petition, and made a part of the same. It is stated in the bond that the aggregate amount of the consideration of the purchase was $2,262.50, whereas the notes filed as exhibits show the amount in fact to be the said sum of $2,624.60. Again, the notes fail to disclose what interest they are to
It is further objected that the decree or judgment for the first four notes is greatly in excess of the true amount. This objection is clearly well taken, and the judgment will accordingly be modified and reduced to the sum of $1,833.18. In other respects it will be affirmed at the cost of appellees.
Affirmed.