Garner v. Cutting
Supreme Court of Iowa
Appeal from Pottcmattomie Pist/riet Gowrt. The petition states that in July, 1869, plaintiffs leased to defendants a hotel known as the “ Ogden House ” then being erected in Council Bluffs, to be completed and delivered to the lessees and accepted by them on or before the 25th day of December, 1869, for the term of five years, at a rental of $10,000 per annum, which was to be paid monthly, in sums of $833.33, in advance.
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Appeal from Pottcmattomie Pist/riet Gowrt. The petition states that in July, 1869, plaintiffs leased to defendants a hotel known as the “ Ogden House ” then being erected in Council Bluffs, to be completed and delivered to the lessees and accepted by them on or before the 25th day of December, 1869, for the term of five years, at a rental of $10,000 per annum, which was to be paid monthly, in sums of $833.33, in advance. The lessees to pay $2,000, at the time of signing the lease as earnest money, which, with the exception of the first month’s rent, was to be refunded to them on their taking…
1Opinion of the CourtMiller, J.
I.. The first question which we notice is, whether the statute gives to the landlord a lien on the personal property used on the demised premises for rent to become due.
The section of the statute applicable to this question is 2302 of the Revision of 1860, and was section 1270 of the Code of 1851, and reads as follows:
“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 aft,er a year’s rent, or…
2Cases cited7 opinions
- Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
- Grant v. Whitwell, Marsh & TalbottSupreme Court of Iowa · 1859
- Depeyster v. GravesNew York Court of Chancery · 1816
- Merrit v. FisherSupreme Court of Iowa · 1865
- Doane & Co. v. GarretsonSupreme Court of Iowa · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Webster v. NicholsIllinois Supreme Court · 1882
- Murphey v. BrownArizona Supreme Court · 1909
- Weil v. McWhorterSupreme Court of Alabama · 1891
- Nicrosi v. RoswaldSupreme Court of Alabama · 1896
- What Cheer Savings Bank v. MowerySupreme Court of Iowa · 1910
12 more not listed; retrieve them via the Exa API.