Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-05-12
NEUTRALITY-SUSPICIOUS.
tlmportant Decisions!
yENDoR AND PIJRCHAsER.

A vendee gave notes for the pur-
chase price of land, some of which re-
manned unpaid at the time OF his
death; q lien being reserved by the
vendor. The vendee established
homestead on the land, and when the
notes We're six years past due. A, who
| then held them. accepted renewal notes
from the vendee. payable to himself
and his wife, without any intention
having been manifested to rescind the
sale. On the vendee's death his wild
ow turned over to y, who was appoints
cd administrators. the crops raised on
the homestead for several years sub
sequent to the vendee's death, and A;
sold the crops and retained thel pro-
ceeds. Improvements had been made
on the land, so that it's value was 81
$50, as against sl,240, the agreed con-
sheraton for the sale. The renewal
notes had been held over three years
before plaintiff. who had acquired the
notes by gift, and who had sought to
have them allowed as claims against
the vendee's estate, brought suit to re-
scind the sale and recover the land.
Held, that the acts of the plalntlH,
taken in connection with the long de-
lay of the vendor before his death, and
the acts of the succeeding holders of
the notes in insisting on payment of
the money after the notes became due,
constituted an affirmance of the con-
tracts. or presented such state of
facts as would make it unconscionable
to permit a recovery Of the land, even
though plaintiff held legal title ac-
quired by quit-claim deeds from the
heirs of the vendor. McCord VS..
Hames, IS S. w. 5O4 (Texas.)
FRAUD.
Compliments applied to defendant
| for loan with which to redeem their
homestead from foreclosure. which
defendant agreed to furnish for a
| commission of $500. Defendant neg
| lected to procure the money until late
on the last day of redemption when.
after procuring compliments to sign
| the notes and deed of trust therefor,
he demanded that they execute two
notes for $500 each, secured by a Sec
ond trust deed to him, as further con-
sideraticn for his services and refused
| to complete the loan unless they did
| so. Complainants, being unable at
| that time to make other arrangements,
| and believing that they would be un-
able to redeem the property, signed
| such notes and deed of trust, as de-
| manded, without conslderat ton. Held,
| that bill to set aside the same, al
leging such facts. was not demurrable
for want of equity. Lappin VS.. Craw-
| ford, SIS, S. W.. sos (Mo.).
| TRUST DEEDS.
Property worth s1,75O was sold under
deed of trust for $500. The mortgagor
!! had requested the trustee to postpone
the sale pending an effort to obtain
money to pay the debt and the evil
| dence was conflicting as to whether
| the trustee had promised to do so, but
undisputed that the mortgagor thought
the sale was to be postponed, and was
absent from town when the sale was
made to procure the money, and had
no knowledge of the sale. Within a
| few days after the sale the mortgagor
rendered to the purchaser the amount
Of his bid and rendered into court the
amount of the debt. Held, that the
sale should be set aside in equity.
| Hardware Co., VS.. Brown-Lee, So S. w.
$40 (Mo.)
ELECTION LAW.
At meeting of the common council
| of the city of Detroit, the city clerk
was directed to have voting machines
placed in different election districts
in said city. among others in the
Fourth district of the Second ward, to
be used at the spring election. The
election board of the named district
and each of them refused to obey the
order of the common council, giving
as a reason for their refusal that suct
method of voting is in conflict with the
state constitution, requiring that all
votes shall be given by ballot. The
relator filed petition for mandamus
compelling the election board to use
the voting machine. Held, vote Civ
en- or cast by the use Of machine,
where secrecy, free choice OF candi-
dates, a correct record of the vote and
a correct record and announcement OF
the total vote given for each candidate
/ is assured, is vote given by ballot
Detroit VS.. Inspectors, IL DIN 912
(Mich.)