Nesbitt v. Bartlett
Supreme Court of Iowa
Appeal from Scott District Court. Replevin for a cow. Spinsly leased of Eads a farm, the term commencing in March, 1861, and continuing one year. The rent was payable quarterly in money. In May or June, 1861, the tenant sold to the plaintiff the epw in controversy, who purchased in good faith and paid a valuable consideration.
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Appeal from Scott District Court. Replevin for a cow. Spinsly leased of Eads a farm, the term commencing in March, 1861, and continuing one year. The rent was payable quarterly in money. In May or June, 1861, the tenant sold to the plaintiff the epw in controversy, who purchased in good faith and paid a valuable consideration. Plaintiff had no notice of the lease or of the landlord’s lien, but knew that Spinsly was living upon the place, and that the cow had been used thereon for two or three months before his purchase. In March, 1862, the landlord sued out his attachment and levied upon this…
1Opinion of the CourtWright, J.
As it does not appear that the tenant was in arrear for rent at the time he sold the property to the plaintiff, the writer of this opinion, adhering to the view expressed in Grant v. Whitwell, Marsh & Talbott, 9 Iowa, 152, would, upon this ground, affirm the judgment of the court below; but without committing the other members of the court to this position, I am instructed to affirm the judgment upon the ground that the landlord had no right to effect, or .carry out, or enforce his lien upon this property after its purchase by the plaintiff, under the circumstances stated.
It does not appear…
2Cases cited1 opinion
- Grant v. Whitwell, Marsh & TalbottSupreme Court of Iowa · 1859
3Cited by8 opinions
- Holden v. CoxSupreme Court of Iowa · 1883
- Richardson Bros. v. PetersenSupreme Court of Iowa · 1882
- Finney v. HardingIllinois Supreme Court · 1891
- Thompson v. AndersonSupreme Court of Iowa · 1892
- Wooten v. GwinMississippi Supreme Court · 1879
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