Legal Opinion

Staber v. Collins

Supreme Court of Iowa

Decided July 13, 1904PublishedCited by 2 opinions

Appeal from "Woodbury District Court. — Hon. G. W. Waktceield, Judge. The defendant Seibold leased his farm in Woodbury county for the year 1899 to August and Otto Schachtschabel.

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Appeal from "Woodbury District Court. — Hon. G. W. Waktceield, Judge. The defendant Seibold leased his farm in Woodbury county for the year 1899 to August and Otto Schachtschabel. Said lessees failed to pay the rent, and in December, 1899, Seibold commenced an action against them in justice’s court, alleging in his petition the fact of such lease, the nonpayment of rent, and ¿sking judgment for the amount'thereof; also that a landlord’s lien be established against the property of the defendants used on said premises and not exempt from execution. An attachment was not asked for, nor did one…

1Opinion of the CourtBishop, J.

Section 2992 of the Code provides that “ a landlord shall have a lien for his rent upon all crops grown upon all the leased premises and upon any other personal property of the tenant which has been used or kept thereon during the term,” etc. In the succeeding section it is provided that “ the lien may be effected by the commencement of an action * * ' * for the rent alone, in which action the landlord will he entitled to a writ of attachment upon filing * * * a verified petition,” etc.. It has been held that the word “ effected,” as used in section 2993, has the same meaning as the word “…

2Cases cited10 opinions

  1. Holden v. CoxSupreme Court of Iowa · 1883
  2. Richardson Bros. v. PetersenSupreme Court of Iowa · 1882
  3. Mayer v. Farmers' BankSupreme Court of Iowa · 1876
  4. Nickelson v. NegleySupreme Court of Iowa · 1887
  5. Hays v. BerrySupreme Court of Iowa · 1898

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3Cited by2 opinions

  1. Pickler v. LanphereSupreme Court of Iowa · 1929
  2. Wunder v. SchramSupreme Court of Iowa · 1933

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