Kyte v. Keller
Supreme Court of Iowa
Appeal from Clarice District Court. — Hon. J. W. Harvey, Judge. This is an action in equity, by which the plaintiff demanded that the defendant be enjoined from breaking. down gates inclosing his land, and driving cattle thereon. There was. an answer to the petition, and a hearing had upon the merits, and a decree was entered for the plaintiff, and defendant appeals.
1Opinion of the CourtRothrock, J.
— It appears from the • pleadings and evidence that in thé spring of the year 1884 the plaintiff leased to the defendant eighteen acres of land upon which to raise a crop of corn in that year. The rent reserved was one-third of the crop, husked and delivered in the crib. The land was part of a field of forty acres, all of which had been used as a meadow. This forty-acre tract was not on any public road, but there were two approaches to it over the lands owned by plaintiff. The defendant, in cultivating and removing tfie crop, *35went in and out to his work by opening gates and passing over the…
2Cases cited2 opinions
- Howard County v. KyteSupreme Court of Iowa · 1886
- Johnson v. ShankSupreme Court of Iowa · 1885
3Cited by3 opinions
- Tantlinger v. SullivanSupreme Court of Iowa · 1890
- Paulson v. RogisSupreme Court of Iowa · 1956
- Depew v. KetchumNew York Supreme Court · 1894