Folden v. State
Nebraska Supreme Court
. Error to the district court for Fillmore county. Tried below before Weaver, J. 1. The fabricated writing was invalid as a lease within the meaning of the statute. Comp. Stat., sec. 1, chap. 73. Definition of lease. 1 Hilliard on Real Property, 261, sec. 2. Definition of rent. 2 Bouvier Die,, 437. There is no rent stipulated for here. The agreement is to quit claim an interest in the premises in consideration of a certain amount of wheat and corn.
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. Error to the district court for Fillmore county. Tried below before Weaver, J. 1. The fabricated writing was invalid as a lease within the meaning of the statute. Comp. Stat., sec. 1, chap. 73. Definition of lease. 1 Hilliard on Real Property, 261, sec. 2. Definition of rent. 2 Bouvier Die,, 437. There is no rent stipulated for here. The agreement is to quit claim an interest in the premises in consideration of a certain amount of wheat and corn. If the pretended lease is not valid in law as a lease, it is not the subject of forgery. Clarke v. The State of Ohio, 8 Ohio State, 630. Wharton…
1Opinion of the Court
Lake, Ch. J.
The prisoner was indicted, tried, convicted and sentenced for the crime of forging a lease from one Joseph Story to himself. A demurrer was interposed to the indictment, on the ground that the instrument alleged to have been forged was not a lease. The demurrer was overruled, and the overruling of it is the first error complained of.
The instrument was clearly a lease, which is “ properly a conveyance of any lands or tenements (usually in consideration of rent, or other annual recompense), made for life, for years, or at will.” * * * * “ Though no formal words are requisite to a…
2Cases cited1 opinion
- Dodge v. PeopleNebraska Supreme Court · 1876
3Cited by12 opinions
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- Gibbons Ranches v. BaileyNebraska Supreme Court · 2015
- State ex rel. Kotilinic v. SwensonSouth Dakota Supreme Court · 1904
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