Ray v. Young
Supreme Court of Iowa
Appeal from Linn District Court, Hon. Milo P. Smith, Judge. Suit in equity on behalf of the owner of real estate to enjoin a tenant from removing'a building therefrom which liad been erected by the tenant thereon during his tenancy.
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Appeal from Linn District Court, Hon. Milo P. Smith, Judge. Suit in equity on behalf of the owner of real estate to enjoin a tenant from removing'a building therefrom which liad been erected by the tenant thereon during his tenancy. The defendant tenant was the lessee of Mrs. L. E. Ray, who subsequently died and who owned a life estate only in the premises, although this latter fact was not known to the defendant at the time of his lease. # The defendant entered upon the premises in November, 1909, under a written lease which permitted him to erect a building thereon with the right of removal…
1Opinion of the CourtEvans, J.
The plaintiff is the great' grandson of the former husband of Mrs. L. E. Ray. Some years before the lease in question Mrs. Ray and her husband had conveyed the real, estate involved herein to the plaintiff, subject to a life estate therein in favor of Mrs. Ray, and such conveyance appeared of record. The property so conveyed consisted of a lot in the town of Palo, Linn county, and a small and old building thereon'sixteen by twenty-four in dimensions. The negotiations between the parties to the lease began with the following letter dated October 17, 1909, from Mrs. Ray to the defendant Young.
Mr…
2Cases cited24 opinions
- Wright v. MacDonnellTexas Supreme Court · 1895
- Loughran v. . RossNew York Court of Appeals · 1871
- Kerr v. KingsburyMichigan Supreme Court · 1878
- Merritt & Bourne v. Judd & ByrneCalifornia Supreme Court · 1859
- Second National Bank of Beloit, Wis. v. O. E. Merrill Co.Wisconsin Supreme Court · 1887
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3Cited by21 opinions
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- Bank of Shelbyville v. HartfordCourt of Appeals of Kentucky (pre-1976) · 1937
- Hanson v. VoseSupreme Court of Minnesota · 1919
- Marty v. Champlin Refining Co.Supreme Court of Iowa · 1949
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