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action Affirmed Alexander alleged amount answer Appeal appellee applied asked assigned attachment attorney authority Bank bill bond cause charge claimed Company complainant consideration contract debt decree deed defendant demurrer determine District Court effect entered equity error established et al evidence exceptions execution facts favor filed firm give given grant ground held hold homestead instructions interest Iowa issue James judg judgment jurisdiction jury land levy liable lien ment mortgage motion notice objection obtained officer opinion original overruled paid parties payment person petition plaintiff pleadings possession premises presented principal proceeding purchase question reason received record recover referred refused relation rendered respondent Reversed rule secure sold statute sufficient suit sustained taken term testimony thereof tion trial true trust verdict wife witness
Page 339 - The rule of equity is, in every code of jurisprudence with which we are acquainted, that a purchase by a trustee or agent of the particular property of which he has the sale, or in which he represents another, whether he has an interest in it or not, per interposition personan carries fraud on the face of it.
Page 248 - IT is a universal principle that where power or jurisdiction is delegated to any public officer or tribunal over a subject matter, and its exercise is confided to his or their discretion, the acts so done are binding and valid as to the subject-matter...
Page 230 - ... 10. The electors shall determine by ballot at the annual election to be held in November next, whether this act shall or shall not become a law.
Page 388 - A conveyance or encumbrance by the owner is not valid unless the husband and wife, if the owner is married, concur in and sign the same joint instrument.
Page 338 - It therefore prohibits a party from purchasing on his own account that which his duty or trust requires him to sell on account of another, and from purchasing on account of another that which he sells on his own account. In effect, he is not allowed to unite the two opposite characters of buyer and seller, because his interests, when he is the seller or buyer on his own account, are directly conflicting with those of the person on whose account he buys or sells.
Page 338 - The inquiry, in such a case, is not whether there was or was not fraud in fact. The purchase is void, and will be set aside at the instance of the cestui que trust, and a resale ordered, on the ground of the temptation to abuse, and of the danger of imposition inaccessible to the eye of the court.
Page 489 - ... or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right...
Page 163 - ... every alternate section of land, designated by odd numbers, for six sections in width on each side of each of said roads.
Page 163 - That the lands hereby granted to said State shall be disposed of by said State only in manner following, that is to say ; that a quantity of land not exceeding one hundred and twenty sections...