Lamb v. Drew
Supreme Court of Iowa
Appeal from, Jasper District Court. On the 6th day of August, 1862, the plaintiff executed a written lease of his house and farm, for the term of three years and a half, or until the 1st day of March, 1866, to one John Holmes.
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Appeal from, Jasper District Court. On the 6th day of August, 1862, the plaintiff executed a written lease of his house and farm, for the term of three years and a half, or until the 1st day of March, 1866, to one John Holmes. About the 17th day of November, 1865, Holmes vacated the possession of the leased premises in favor of the defendant, James Kirk, who, against the consent of plaintiff, claims the use and occupancy thereof up to the close of the lease, for a consideration paid to Holmes. Plaintiff finding the premises vacant, took and now holds possession of the same. On the 20th day of…
1Opinion of the Court
Lowe, Ch. J.
i. iOTtracSwe entry tamer. the motion to dismiss was weil made and properly sustained. the purpose of the bill is to restrain proceedings at law; upon wbat ground ? Not that any fraud, mistake, accident, surprise, or even irregularity had intervened therein. All the matters complained of, occurred antecedently to the action of forcible entry and detainer, and could have been urged, and it may be, were urged, as a defence to that action. There is, in the bill, no averment of any kind, impeaching the validity of the proceedings before the magistrate. the jurisdiction is not…
2Cited by3 opinions
- Purczell v. SmidtSupreme Court of Iowa · 1866
- Northern Pac. R. Co. v. CannonU.S. Circuit Court for the District of Montana · 1892
- Schuldt v. LeeSupreme Court of Iowa · 1939