Stanhope v. Swafford

• Decision Date: 21 May 1889
• Citation: 42 N.W. 450,77 Iowa 594
• Parties: STANHOPE v. SWAFFORD ET AL.
• Court: Iowa Supreme Court

77 Iowa 594

42 N.W. 450

STANHOPE

v.SWAFFORD ET AL.

Supreme Court of Iowa.

May 21, 1889.

Appeal from district court, Buchanan county; JOHN J. NEY, Judge.

Action to recover the difference between the actual value of land purchased by plaintiff of defendants and the value as shown by representations of defendants, inducing plaintiff to buy the land, which were false and fraudulent. An attachment was issued upon the grounds shown therefor in the petition, which, upon motion of defendants, was subsequently dissolved. Afterwards a judgment upon a verdict for plaintiff was rendered. From the order dissolving the attachment plaintiff appeals.Woodward & Cook, for appellant.

Lake & Harmon, for appellees.

BECK, J.

1. The petition alleges that defendants sold to plaintiff 320 acres of land for $2,240; that the plaintiff had never seen the land, and was induced to make the purchase by representations of defendants as to its quality, showing it to be worth the price paid for it, and that these representations were false and fraudulent. It is alleged that the land is really worth no more than $640. Plaintiff claims to recover $1,600. The judgment in the case in favor of plaintiff was in the sum of $1,551.36. Before trial the defendants moved the court to dissolve the attachment on these grounds: (1) “That the allegations of the petition filed herein show that the statement of the cause for such attachment was and is untrue; (2) that said petition shows on its face that the alleged cause for said attachment did not exist at the time the writ was issued; (3) that it is apparent from the allegations of the petition that the writ of attachment should not have issued.” The motion was sustained. The ground of attachment alleged in the petition is that the debt which this suit is brought to recover is for property obtained under false pretenses, which is the twelfth cause of an attachment prescribed by Code, § 2951, authorizing attachments to be issued in actions upon prescribed grounds therefor being shown in the petitions.

2. Counsel for defendants insist that the claim or cause of action upon which plaintiff's suit is based is not a debt due for property obtained by false pretenses. We understand that the motion is based upon this position. The petition alleges false representations and pretenses, inducing a purchase by him for $2,240 of property really worth no more than $640. Plaintiff thus sustained loss and damage to the extent of $1,600 if he...