Sheffield v. Hancock Cnty.

Decision Date24 March 1914
Citation146 N.W. 439,164 Iowa 561
PartiesSHEFFIELD v. HANCOCK COUNTY ET AL.
CourtIowa Supreme Court

OPINION TEXT STARTS HERE

Appeal from District Court, Hancock County; J. F. Clyde, Judge.

Action for specific performance of a contract to quitclaim interest in certain real estate. From a decree for plaintiff, the defendant appeals. Affirmed.C. R. Wood, of Corwith, for appellant.

Birdsall & Birdsall, of Clarion, for appellee.

WITHROW, J.

I. On June 5, 1900, the board of supervisors of Hancock county, passed a resolution authorizing and directing the chairman of the board, and the county auditor, to enter into a contract of sale with the plaintiff for the 210 acres comprising what was known as Twin Lake, in said county, for $1,050, to be paid $210 cash, with contract, and $840 on or before five years, and agreed to give a deed conveying the rights of said county in and to said lake. This action was taken in pursuance of proceedings had at the previous April session of the board of supervisors. The final resolution passed on June 5th is as follows: “Be it resolved, by the board of supervisors of Hancock county, Iowa, that, whereas, the sale of East Twin Lake to E. M. Sheffield, ordered at the April session of the board, at $5.00 per acre, $1.00 per acre cash and $4.00 per acre to be paid on or before five (5) years, has been partially carried out by Mr. Sheffield's paying to the chairman of this board the cash payment of $210.00, for which he holds the chairman's receipt, therefore, be it resolved, that said sale be completed, and the contract therefore this day submitted to the board is hereby approved, and the chairman of this board and the county auditor are hereby instructed to make the said contract a part of the record of this meeting. Vote on the above resolution was called by the chairman with result as follows: G. Carlson, R. M. Day, and E. P. Fox, voting, ‘Aye,’ C. W. Richards and F. J. Oxley, voting, ‘No.’--Motion was declared carried.” The contract provided that $210 or $1 per acre was to be paid upon the execution and delivery of the contract, and acknowledged receipt of that amount, and that the further and final payment of $840 should be paid within five years from the date of the contract. The terms of the contract, as bearing upon the interest to be conveyed, and the rights of the respective parties under the conveyance, were as follows: “This agreement, made and entered into on this 5th day of June, A. D. 1900, by and between Hancock county, Iowa, of the first part, and E. M. Sheffield, of Belmond, Wright county, Iowa, of the second part, witnesseth: That, in consideration of the covenants hereinafter mentioned to be performed by the second party, the first party hereto agrees to convey by properly executed quitclaim deed, or deeds to the second party, E. M. Sheffield, or to the person or persons who may be named or designated by the second party, to receive such deed or deeds, the entire interest of the first party in and to the real estate or tracts of land and water commonly known as ‘East Twin Lake’ and located in sections 19, 20, 29, and 30, of Twin Lakes township, Hancock county, Iowa, and containing 210 acres, more or less, as may be shown by the government survey of the same, being all that part within the meandered lines of the said lake, and the first party agrees to do whatever may be possible or necessary for them to do in the way of executing papers, to convey whatever interest the said first party has in said land to the said second party, or to the person or personsdesignated by him, but it is understood that the first party in no manner guarantees that any title now rests in the said Hancock county, to said real estate or tract of land and water, and that first party in no manner agrees to be to any expense to obtain title to the said tract of land and water, either in second party or in first party or in second party's assigns; and it is further understood and agreed that all litigation that may arise in connection with the said real estate or tract of land and water, and expense thereof shall be borne by second party or his assigns, and it shall not be...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT