Abercrombie v. Redpath
Supreme Court of Iowa
Appeal from the Boone District Court Abbrorombie sited Redpatb before a justice of the peace, claiming for work and labor in clearing a tract of land. Tbe defendant pleaded a set-off to tbe amount of eighty dollars, for tbe rent of land. To this tbe plaintiff replied, denying that be rented land of defendant, or that be owed bim any sum therefor.
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Appeal from the Boone District Court Abbrorombie sited Redpatb before a justice of the peace, claiming for work and labor in clearing a tract of land. Tbe defendant pleaded a set-off to tbe amount of eighty dollars, for tbe rent of land. To this tbe plaintiff replied, denying that be rented land of defendant, or that be owed bim any sum therefor. Tbe cause was appealed to tbe District Court, and,, on tbe trial, tbe defendant proved tbat plaintiff rented tbe land in defendant’s set-off mentioned, of one De-trick ; tbat after plaintiff bad so rented, tbe defendant purchased tbe same of Detrick,…
1Opinion of the CourtWright, C. J.
In tbe cpnsideration of this case, it is proper to first give a construction to tbe language used in the bill of exceptions. If tbe rent was due before tbe assignment of tbe reversion to tbe defendant by tbe plain*113tiff’s lessor; or, in other words, before the purchase of the lessor’s title, independent of any promise by the lessee to pay the rent so due to the purchaser, it would stand on, and be governed by, different rules, than if the rent accrued and became due afterwards. We think the fair construction of the language used, is, that the rent became due after the purchase. It was found…
2Cited by11 opinions
- Van Wagner v. NostrandSupreme Court of Iowa · 1865
- Knapp v. IsenbergerSupreme Court of Iowa · 1877
- Iowa Railroad Land Co. v. Estate of BoyleSupreme Court of Iowa · 1912
- Van Driel v. RosierzSupreme Court of Iowa · 1869
- Hatfield v. LockwoodSupreme Court of Iowa · 1865
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