Corbin v. County of Black Hawk
105 U.S. 659

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U.S. Supreme Court

Corbin v. County of Black Hawk, 105 U.S. 659 (1881)

Corbin v. County of Black Hawk

105 U.S. 659

Syllabus

1. As a suit to compel the specific performance of a contract, or to enforce its other stipulations, is a suit to recover the contents of a chose in action, it was not, under sec. 829, Rev.Stat., maintainable in the circuit court by an assignee if it could not have been prosecuted there by the assignor had no assignment been made.

2. The paper writing (infra, p. 105 U. S. 661) is sufficient in form to assign the contract therein mentioned, and where the assignee of such contracts, each executed for a separate parcel of school lands in Iowa by the proper counts officer to a different assignor, tendered the amount due on them and brought suit for a deed of conveyance for the lands, held, 1. that his assignor, who claim an interest in the respective tracts, are, with the county and its officers, necessary parties, although by the terms of the contract the governor of the state was to execute the conveyance; 2. that the value of the matter in dispute between the complainant and the county is the amount so tendered.

The case is stated in the opinion of the Court.

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