Stanhope v. Swafford

• Decision Date: 21 May 1889
• Parties: STANHOPE v. SWAFFORD et al
• Court: Iowa Supreme Court

42 N.W. 450

77 Iowa 594

STANHOPE v. SWAFFORD et al

Supreme Court of Iowa, Des Moines

May 21, 1889

Decided May, 1889.

Appeal from Buchanan District Court.--HON. JOHN J. NEY, Judge.

ACTION to recover the difference between the actual value of land purchased by the 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 the defendants, was subsequently dissolved. Afterwards a judgment upon a verdict for plaintiff was rendered. From the order dissolving the attachment plaintiff appeals.

REVERSED.

Woodward & Cook, for appellant.

Lake & Harmon, for appellees.

OPINION

BECK, J.

I.

The petition alleges that defendants sold to plaintiff three hundred and twenty acres of land for twenty-two hundred and forty dollars; 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 six hundred and forty dollars. Plaintiff claims to recover sixteen hundred dollars. 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, section 2951, authorizing attachments to be issued in actions upon prescribed grounds therefor being shown in the petitions.

II. 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...