Legal Opinion

Carter v. Walters

Supreme Court of Iowa

Decided May 23, 1894PublishedCited by 1 opinion

Appeal from Saneoek District Court. — Hon. John C. Sherwin, Judge. This is a controversy involving the right of possession of a quarter section of land, and the rent for the occupancy of the same for the year 1891. The action was tried in the court below as an equitable proceeding,and the plaintiff’s petition was dismissed, and he appeals.'

1Opinion of the CourtKothrock, J.

-The plaintiff is the owner of a half-section farm in Hancock county. He leased said land to the defendant for the year 1890 for one-third of the crops raised, as rent. The defendant farmed the land for the year 1891, but refused to deliver any share of the grain grown on one quarter section, on the ground, that, in October, 1890, he bought that part •of the farm of the plaintiff, and was in possession thereof in 1891 as owner, and not as tenant. The plaintiff commenced on action of forcible detainer to obtain possession of the land. A trial was had, and the plaintiff was defeated, and he…

2Cases cited3 opinions

  1. Iowa Railroad Land v. MickelSupreme Court of Iowa · 1875
  2. Johnson v. ThorntonSupreme Court of Iowa · 1880
  3. Prince v. GriffinSupreme Court of Iowa · 1869

3Cited by1 opinion

  1. Jones v. Mississippi Farms Co.Mississippi Supreme Court · 1917

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