Lawton v. Buckingham

Decision Date06 June 1863
CitationLawton v. Buckingham, 15 Iowa 22 (Iowa 1863)
PartiesLAWTON et ux. v. BUCKINGHAM, Executor
CourtIowa Supreme Court

Appeal from Lee District Court.

OPINION

WRIGHT J.

1. The consideration named in a deed is only prima facie evidence of the amount actually paid. And in an action to recover for a breach of the covenants of seisin and right to convey, it is competent to show that the true consideration was greater than that named. If the amount was inserted by mistake, an averment to that effect is not necessary to let in the proposed testimony--it being averred that it was greater than that shown by the deed.

2. The deed was made to Caroline, wife of Nathan Lawton. They joined as plaintiffs in the action. It is objected that there is no evidence showing the marital relation. The petition shows that such relation is averred and it is not denied.

3. The action is against defendant in his capacity as execut...

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5 cases
  • Chantland v. Sherman
    • United States
    • Iowa Supreme Court
    • April 9, 1910
    ... ... evidence was not admissible to prove the additional ... consideration as alleged. That the rule is otherwise ... sufficiently appears from Lawton v. Buckingham, 15 ... Iowa 22; Puttman v. Haltey, 24 Iowa 425; Trayer ... v. Reeder, 45 Iowa 272; Bossingham v. Syck, 118 ... Iowa 192, 91 N.W ... ...
  • Belknap v. Belknap
    • United States
    • Iowa Supreme Court
    • February 15, 1912
    ...Paul Railroad Co., 27 Iowa 315; Berryhill v. Jacobs, 19 Iowa 346; s. c., 20 Iowa 246. It does not appear but that the case of Lawton v. Buckingham, 15 Iowa 22, arose prior the adoption of the Revision. At all events, the question must be regarded as settled by the later decisions." In Webst......
  • Evans v. Duncan
    • United States
    • Iowa Supreme Court
    • May 13, 1891
    ...that expressed in the deed. Safford v. Whipple, 3 G. Greene, 261; Hall v. Perry, 3 G. Greene, 579; Jones v. Smith, 6 Iowa 229; Lawton v. Buckingham, 15 Iowa 22; v. Halley, 24 Iowa 425; Harper v. Perry. 28 Iowa 57; Trayer v. Reeder. 45 Iowa 272; Martindale's Conveyances, sec. 79. Parol evide......
  • The Davenport Gas Light & Coke Co. v. The City of Davenport
    • United States
    • Iowa Supreme Court
    • June 6, 1863
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