BOURJAILY v. JOHNSON COUNTY

No. 53348.

167 N.W.2d 630 (1969)

Vance BOURJAILY and Bettina Bourjally, Appellants, v. JOHNSON COUNTY, Iowa, a duly authorized, organized and existing county corporation, Appellee.

Supreme Court of Iowa.

May 6, 1969.


Attorney(s) appearing for the Case

Oehler, Barker, Radig & Hoy, Iowa City, for appellants.

Robert W. Jansen, County Atty., and J. W. Dooley, Asst. County Atty., for appellee.


MOORE, Justice.

Plaintiffs, Vance and Bettina Bourjaily, husband and wife, with our permission have appealed from the trial court's order sustaining defendant's motion to strike all of division I of their petition.

Plaintiffs' petition alleges they are the contract vendees of two separate parcels of land in Johnson County, one of which is also encumbered by a mortgage held by Farmers Savings Bank of Kalona. In its brief and in oral argument defendant admits...

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