Fargo v. Bennett
Idaho Supreme Court
APPEAL.from the District Court of the Fourth Judicial District, for Cassia County. Hon. Wm. A. Babcock, Judge. Action to enjoin owners of community property from interfering with possession under a purported lease. Judgment for plaintiff. A lease of real estate for a term of years is a conveyance or encumbrance within the meaning of C. S., see. 4666. C. S., see. 5425, defines the term “conveyance” so clearly as to leave no question but that it includes a lease.
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APPEAL.from the District Court of the Fourth Judicial District, for Cassia County. Hon. Wm. A. Babcock, Judge. Action to enjoin owners of community property from interfering with possession under a purported lease. Judgment for plaintiff. A lease of real estate for a term of years is a conveyance or encumbrance within the meaning of C. S., see. 4666. C. S., see. 5425, defines the term “conveyance” so clearly as to leave no question but that it includes a lease. “A lease is an encumbrance, and is within the covenants implied from the use of the word ‘grant’ in a conveyance of an estate in fee…
1Opinion of the CourtBudge, J.
This is an action by respondent against E. I. Bennett and Sarah C. Bennett, his wife, intervenor, to restrain appellants from interfering with respondent's use and possession of certain premises held by him under an alleged lease from E.-1. Bennett.
From the record it appears that the premises in question, consisting of the lower floor and basement of a brick building in Burley, Cassia county, is the community property of appellants; that on November 26, 1918, respondent entered into a written contract of lease with E'. I. Bennett, by which the latter purported to lease said premises to…
2Cases cited13 opinions
- Koeber v. SomersWisconsin Supreme Court · 1901
- Holyoke v. Jackson, Washington Territory1882
- Childs v. ReedIdaho Supreme Court · 1921
- Edwards v. PerkinsOregon Supreme Court · 1879
- Clark v. FisherSupreme Court of Kansas · 1894
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3Cited by21 opinions
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- Durant v. SnyderIdaho Supreme Court · 1944
- Little v. Bergdahl Oil Co.Idaho Supreme Court · 1939
- McKinney v. MerrittIdaho Supreme Court · 1922
- Charpentier v. WelchIdaho Supreme Court · 1953
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