EDGERLY v. SHERMAN

No. 50179.

107 N.W.2d 72 (1961)

William R. EDGERLY and Louise E. Edgerly, Appellants, v. Lillian M. SHERMAN, Appellee.

Supreme Court of Iowa.

January 11, 1961.


Attorney(s) appearing for the Case

Francis J. Pruss, Cedar Rapids, for appellants.

W. Howard Smith, Cedar Rapids, for appellee.


PETERSON, Justice.

This is an action in equity for rescission of a real estate contract for the purchase of 180 acres in Linn County. Plaintiffs allege extrinsic fraud in connection with securing the decree in a quieting title action establishing fee title to the farm in defendant. They claim she failed to deliver to plaintiffs an abstract showing merchantable title. Defendant filed motion to dismiss on the basis that the facts alleged in the rescission petition did...

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