Thorpe Bros. v. Fowler
Supreme Court of Iowa
Appeal from Delaware District Court. Action for rent, and to enforce a landlord’s lien. A writ of attachment was issued and levied upon certain furniture used upon the premises. ' The lessee, the defendant Fowler, made no defense. Ford Bros, intervened as mortgagees of the property levied upon. They raised no question as to the existence of the plaintiff’s lien, but they claimed that the lien of their mortgage was paramount.
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Appeal from Delaware District Court. Action for rent, and to enforce a landlord’s lien. A writ of attachment was issued and levied upon certain furniture used upon the premises. ' The lessee, the defendant Fowler, made no defense. Ford Bros, intervened as mortgagees of the property levied upon. They raised no question as to the existence of the plaintiff’s lien, but they claimed that the lien of their mortgage was paramount. The court held that the plaintiff’s lien was paramount, and.rendered judgment accordingly. The intervenors appeal.
1Opinion of the Court
Adams, Ch. J.
1. condition-waiver of. The case was submitted upon an agreed statement of facts, which are in substance as follows: In May, 1878, the plaintiffs leased the premises by oral lease to the defendant, Fowler, for one year, with the privilege of five years. Fowler took possession of the premises and occupied the same as a hotel until the levy of the attachment, October 1, 1880, a period of about two years and four and a half months. The rent claimed is for the last five and a half months. The furniture levied upon was sold to Fowler by the intervenors in May, 1879, and was used upon…
2Cases cited3 opinions
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
- Garner v. CuttingSupreme Court of Iowa · 1871
- Martin v. StearnsSupreme Court of Iowa · 1879
3Cited by10 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- German State Bank v. HerronSupreme Court of Iowa · 1900
- Davis Gasoline Engine Works Co. v. McHughSupreme Court of Iowa · 1902
- McComb v. Donald's AdministratorSupreme Court of Virginia · 1886
- Wixom v. HoarSupreme Court of Iowa · 1913
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