71 Iowa 459 | Iowa | 1887
I. The petition alleges that plaintiff purchased of defendant a lot in the town of Goldfield, whereon a building used as a hotel was situated. In payment thereof, she conveyed to defendant certain real estatd in Iowa Falls, and entered into the possession of the hotel and lot purchased of defendant, who delivered to her a deed for the property, which, however, does not cover all of the lot, conveying only the south forty-four feet; the whole'lot being sixty-six feet broad. It is alleged that plaintiff was not acquainted with the boundaries of the lot, and that, when the purchase was made, defendant pointed out to her the whole lot, and certain buildings upon the part not conveyed, as being the property sold, but fraudulently caused the deed to describe but a part of the lot, plaintiff believing that it coyered the whole. In the original petition, plaintiff prays that defendant be required to specifically perform the contract, and convey the whole lot, and, in an amended petition, that the deed be reformed in accord with the contract of sale. The defendant in his answer denies the allegations of the petition.
II. The evidence, in our opinion, establishes, in a manner clear, satisfactory and free from reasonable doubt, that plaintiff bought all of the lot. The defendant described and pointed out the whole of it, and the buildings thereon, as the property he sold, and in no way indicated that he reserved any part of it. The description of the lot as shown' by the town plat, or its breadth, was in no way referred to in order
The decree of the district court is Affirmed.
