Hanes v. See
Supreme Court of Iowa
Appeal from Polk District Court,. — W. S. Ayres, Judge. Action of forcible entry and detainer. Question involved right of defendants to maintain an appeal after surrendering possession of the premises in controversy to the constable, who came armed with a'writ of ouster, it appearing that the constable threatened to serve the writ and oust the defendants if they did not remove peaceably. Judgment for the plaintiff in the court below. Defendants appeal.
1Opinion of the CourtGaynor, J.
KERoipLrfght of untiirper-01" judgment ?efentryfanddeetention. On the 12th day of April, 1912, the plaintiff brought an action of forcible entry and detainer against the defendants in justice court, and in her petition claimed that, on the 20th day of August, she leased to the defendants certain premises containing about 30 acres, for the term of one year, beginning with the 6th day of September, 1910; that plaintiff was, at the time of the . making of said lease, and at the time of the commencement of the action, the owner of the leased premises. In said petition, plaintiff further alleged…
2Cases cited12 opinions
- Warner Bros. Co. v. FreudCalifornia Supreme Court · 1901
- Manning v. PolingSupreme Court of Iowa · 1900
- Mississippi & Missouri Railroad v. ByingtonSupreme Court of Iowa · 1863
- Nashville, C. & St. L. Ry. Co. v. Bean's Exr.Court of Appeals of Kentucky · 1908
- Borgalthous v. Farmers & Merchants' Ins.Supreme Court of Iowa · 1873
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3Cited by2 opinions
- United States Fidelity & Guaranty Co. v. Davenport Bank & Trust Co.Supreme Court of Iowa · 1936
- Schuldt v. LeeSupreme Court of Iowa · 1939