Butterfield v. Kirtley
Supreme Court of Iowa
Appeal from Olinlon District Court. — Hon. A. J. House, Judge. Action for forcible detention of real property. Plaintiff alleges that by verbal contract he leased to defendants the land described, for a term of years, that he served notice upon them terminating said lease March 1, 1899, and that defendants hold over after the termination of said lease, and refuse to surrender possession; wherefore he asks judgment for posession.
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Appeal from Olinlon District Court. — Hon. A. J. House, Judge. Action for forcible detention of real property. Plaintiff alleges that by verbal contract he leased to defendants the land described, for a term of years, that he served notice upon them terminating said lease March 1, 1899, and that defendants hold over after the termination of said lease, and refuse to surrender possession; wherefore he asks judgment for posession. James W. Kirtley answered, admitting the service of notice, and denying that he is, or ever ivas, a tenant of the plaintiff on said land, and alleged “that he now is,…
1Opinion of the CourtGiven, C. J.
1 Fifty-six of the 101 assignments ■of- error relate to rulings on taking the testimony. Plaintiff claims right to possession as owner of the land under a deed from James W. Kirtiey and by virtue of the service of the notice to terminate the lease to the defendants. The defendants admit possession of the land and service of notice; James W. claims as owner, and that plaintiff’s interest is only that of a mortgagee; and Edward and Henry claim under a lease from J ames W. It is undisputed that, if plaintiff owns the land, he is entitled to possession, as by his notice he terminated the right to…
2Cited by1 opinion
- Butterfield v. KirtleySupreme Court of Iowa · 1901