McGarvey v. Prince
South Dakota Supreme Court
Appeal from Circuit Court, Sanborn County. Hon. Frank B. Smith, Judge. Action by William McGarvey against O. C. Prince and another, to recover possession of crops grown on land covered by lease from plaintiff to defendant Prince. From an order sustain-, ing a demurrer to the complaint, plaintiff appeals. ' By reason of said clause plaintiff had a lien upon said crops in dispute, until the rent for the land was satisfied.
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Appeal from Circuit Court, Sanborn County. Hon. Frank B. Smith, Judge. Action by William McGarvey against O. C. Prince and another, to recover possession of crops grown on land covered by lease from plaintiff to defendant Prince. From an order sustain-, ing a demurrer to the complaint, plaintiff appeals. ' By reason of said clause plaintiff had a lien upon said crops in dispute, until the rent for the land was satisfied. The defendant South Dakota Grain Company had actual notice of this contract between the parties. Hence are bound by the agreement between the defendant Prince and the…
1Opinion of the CourtSmith, J.
Appeal from an order of the circuit court of Sanborn county, sustaining a demurrer to the complaint in the action. The complaint, in substance, alleges that on January 12, *4191912, the plaintiff, under a written lease, rented certain farm lands to the defendant Prince. The lease is set out in full in the complaint. The defendant Prince thereby obligates himself to pay an annual cash rental of $800, $400 payable November 1, 1912, $400, June 1, 1913. The contract is the ordinary form of farm lease, creating the relation of lessor and lessee, and contains no provision material to this case,…
2Cases cited19 opinions
- Stockton Savings & Loan Society v. PurvisCalifornia Supreme Court · 1896
- Farnum v. HefnerCalifornia Supreme Court · 1889
- Consolidated Land & Irrigation Co. v. HawleySouth Dakota Supreme Court · 1895
- Grand Avenue Bank v. St. Louis Union Trust Co.Missouri Court of Appeals · 1909
- Dobbs v. Atlas Elevator Co.South Dakota Supreme Court · 1910
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3Cited by3 opinions
- Dorman v. Crooks State BankSouth Dakota Supreme Court · 1929
- Winans v. LightSouth Dakota Supreme Court · 1928
- Robinson v. Colton Grain Co.South Dakota Supreme Court · 1926