Grant v. Whitwell, Marsh & Talbott
Supreme Court of Iowa
Appeal from Scott District Court. The plaintiff moved the court below for a rule upon the sheriff, to pay over to him certain money in his hands. The facts upon which the motion was based, were admitted to be as follows: On the 1st of April, 1857, Grant leased to Butts & Thompson, a store room in Davenport, for the term of two years, the rent to be paid monthly on the last day of each month.
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Appeal from Scott District Court. The plaintiff moved the court below for a rule upon the sheriff, to pay over to him certain money in his hands. The facts upon which the motion was based, were admitted to be as follows: On the 1st of April, 1857, Grant leased to Butts & Thompson, a store room in Davenport, for the term of two years, the rent to be paid monthly on the last day of each month. Butts & Thompson were merchant tailors, and the room was leased to them, and they used it to carry on their business as such merchants. This business was continued by them in the store, until the 16th of…
1Opinion of the CourtWoodward, J.
The law of this State upon this subject, is found in sections 1270 and 1271 of the Code, and it is as follows:
“1270. A landlord shall have a lien for his rent, upon all crops grown upon the demised premises, and upon any other personal property of the tenant, which has been used on the premises during the term, and not exempt from execution, for the period of one year after a year’s rent, or the rent of a shorter period claimed, falls due; but such lien shall not, in any case, continue more than six months after the expiration of the term.”
“1271. The lien may be effected by the commencement…
2Cited by20 opinions
- Ginsberg v. LindelCourt of Appeals for the Eighth Circuit · 1939
- Holden v. CoxSupreme Court of Iowa · 1883
- Landis Machine Co. v. Omaha Merchants Transfer Co.Nebraska Supreme Court · 1942
- Garner v. CuttingSupreme Court of Iowa · 1871
- Weil v. McWhorterSupreme Court of Alabama · 1891
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