Anderson v. Cowan
Supreme Court of Iowa
Appeal from Lucas District Court.— Hon. F. W. Eichelberger, Judge. Elisha Gregg leased his farm for a term- of five years from March 1, 1899, to defendants. After lessor’s death, his widow and heirs conveyed the land and assigned the lease to plaintiff in 1900, who, in this action, asks that defendants be enjoined from cutting any timbea* trees for firewood. On hearing the petition was dismissed, and plaintiff appeals.—
1Opinion of the CourtLadd, J.
The lease contains no reference to the use of timber for firewood, but appellees insist that the right to estovers is an incident to be implied from the mere leasing of the farm, and such Was undoubtedly the rule at common law. 1 Woods on Landlord & Tenant, section 247; 1 Taylor’s Landlord & Tenant, section 350. See 18 Am. & Eng. Enc. of Law, 448; Van Deusen v. Young, 29 N. Y. 9; Wright v. Roberts, 22 Wis. 161; Webster v. Webster, 33 N. H. 18 (66 Am. Dec. 705). This is conceded, but it is argued that thé common of estovers is so out of harmony with the spirit of our institutions that it ought…
2Cases cited4 opinions
- Van Deusen v. . YoungNew York Court of Appeals · 1864
- Proffitt v. HendersonSupreme Court of Missouri · 1860
- Wright v. RobertsWisconsin Supreme Court · 1867
- M'Cullongh v. Irvine's ExecutorsSupreme Court of Pennsylvania · 1850
3Cited by2 opinions
- Thomas v. . ThomasSupreme Court of North Carolina · 1914
- Himrod v. Ft. Pitt Min. & Mill. Co.Court of Appeals for the Eighth Circuit · 1915