Legal Opinion

Ladner v. Balsley

Supreme Court of Iowa

Decided October 30, 1897PublishedCited by 13 opinions

Appeal from Hamilton District Court. — Hon. S. M. Weayer, J-uclge. Action to recover one hundred and thirty dollars rent, alleged to be due upon a -written lease and promissory note given for said rent. The defendant answered, admitting the execution of the lease and note, and denying any indebtedness thereon, and pleading several matters as defense, set-off, and counter-claim, as will hereafter appear.

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Appeal from Hamilton District Court. — Hon. S. M. Weayer, J-uclge. Action to recover one hundred and thirty dollars rent, alleged to be due upon a -written lease and promissory note given for said rent. The defendant answered, admitting the execution of the lease and note, and denying any indebtedness thereon, and pleading several matters as defense, set-off, and counter-claim, as will hereafter appear. Verdict and judgment were rendered in favor of the defendant for seventy dollars.—

1Opinion of the CourtGiven, J.

I. The facts necessary to be noticed are these: On March 19,1894, the plaintiff, through A. W. Little, his agent, leased ter the defendant a certain farm, from that date until the first of March, 1895; said lease being in writing. The lease recites the rental to be two hundred and thirty dollars, and contains this *676provision: “The said party of the first part shall have a lien, for the rent at any time remaining unpaid, upon any and all property of the party of the second part used on said premises during the term, whether the same be exempt from execution and attachment or not.” At the same…

2Cases cited5 opinions

  1. Gee v. MossSupreme Court of Iowa · 1886
  2. Merrit v. FisherSupreme Court of Iowa · 1865
  3. Smith v. DaytonSupreme Court of Iowa · 1895
  4. Longshore v. Jack & Co.Supreme Court of Iowa · 1870
  5. Rollins v. ProctorSupreme Court of Iowa · 1881

3Cited by13 opinions

  1. Riley v. BellSupreme Court of Iowa · 1903
  2. Darnall v. DaySupreme Court of Iowa · 1949
  3. Noble v. TweedyCalifornia Court of Appeal · 1949
  4. Rule v. McGregorSupreme Court of Iowa · 1902
  5. Scott v. BurnightSupreme Court of Iowa · 1906

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