Winn v. Murehead
Supreme Court of Iowa
Appeal from Tama District Court. Tiie plaintiff leased certain real estate to the defendant for which the latter agreed to deliver the former a certain portion of the crops. After the lease, and before the rent accrued, the plaintiff conveyed the demised premises to one Yeiser by general warranty deed. This action is brought to recover the rent, and is resisted on the ground that it passed by the deed to Yeiser. There was also pleaded a counter-claim.
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Appeal from Tama District Court. Tiie plaintiff leased certain real estate to the defendant for which the latter agreed to deliver the former a certain portion of the crops. After the lease, and before the rent accrued, the plaintiff conveyed the demised premises to one Yeiser by general warranty deed. This action is brought to recover the rent, and is resisted on the ground that it passed by the deed to Yeiser. There was also pleaded a counter-claim. There was a trial to the court, judgment for the defendant and both parties appeal.
1Opinion of the Court
Servers J.
I. The deed did not contain any reservation, and counsel for the appellant state the question to be dotcrmined as follows: “Rent nnaccrned, unless reserved, passes with the reversion. Must the reservation of such rent be expressed in the conveyance itself, or is it competent to show such reservation by parol in the contract of sale preceding the conveyance.” '
This precise question does not seem to have been determined by this court. It was referred to in Johnson v. Tantlinger, 31 Iowa, 500. Many authorities are cited by Cole, J. The decided weight of authority cited being in the…
2Cases cited6 opinions
- Van Wagner v. NostrandSupreme Court of Iowa · 1865
- Knapp v. IsenbergerSupreme Court of Iowa · 1877
- Trayer v. ReederSupreme Court of Iowa · 1876
- Page v. LashleyIndiana Supreme Court · 1860
- Johnson v. TantlingerSupreme Court of Iowa · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Clark v. StrohbeenSupreme Court of Iowa · 1921
- Toerring v. LampSupreme Court of Iowa · 1889
- Iowa Railroad Land Co. v. Estate of BoyleSupreme Court of Iowa · 1912
- State Security Bank v. HoskinsSupreme Court of Iowa · 1906
- Chambers v. IrishSupreme Court of Iowa · 1906
8 more not listed; retrieve them via the Exa API.