Fanning v. Stimson
Supreme Court of Iowa
Appeal from Dubuque City Court. The facts are stated in the opinion of the court. I. If rent be reserved generally, without saying to whom, the lease will carry it to the owner of the reversion. Tayl. Land, and Ten. §§ 154-156. II. The phrase “ during the lease” is equivalent to 11 during the term.” 1 Hilliard Real Prop. p. 20, § 32. III. The words “yielding and paying” make an express covenant. 1 Wheat. Selw. 381, note 7; Hollis v. Carr, 2 Mod. 87 ; Bsp.
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Appeal from Dubuque City Court. The facts are stated in the opinion of the court. I. If rent be reserved generally, without saying to whom, the lease will carry it to the owner of the reversion. Tayl. Land, and Ten. §§ 154-156. II. The phrase “ during the lease” is equivalent to 11 during the term.” 1 Hilliard Real Prop. p. 20, § 32. III. The words “yielding and paying” make an express covenant. 1 Wheat. Selw. 381, note 7; Hollis v. Carr, 2 Mod. 87 ; Bsp. Nisi Prius, 312, et seq.; 7 Pet. Abr. 85; 1 Swift’s Digest, 354; Viner’s Abr. Covenant C. 10; Rolle’s Abr. Covenant C. 519; Hellar v.…
1Opinion of the CourtLowe, J.
—An action to recover rent due upon a lease submitted to and tried by the court, who found the following facts, to wit:
1st. The exhibit attached to the original petition filed by plaintiffs, is a copy of the lease upon which suit is brought, and which was made by James Fanning, in his lifetime, to Frederic S. Jesup in his lifetime, and Edward Stimson, one of the defendants.
2d. Said James Fanning died about the third day of May, 1857, and plaintiffs are his legal heirs. Frederic S. Jesup died about the third day of October, 1856, and defendants, Smith, Boisot, and M. K. J esup, are the…
2Cited by4 opinions
- Samuels v. OttingerCalifornia Supreme Court · 1915
- Harris v. HeackmanSupreme Court of Iowa · 1883
- Missouri, Kansas & Texas Trust Co. v. RichardsonNebraska Supreme Court · 1899
- Bouscaren v. BrownNebraska Supreme Court · 1894