Gatch v. Garretson
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. A. Spurrier, Judge. This is a consolidation of two actions, the purpose of which was the collection of rent due. The first action was commenced at law, and was aided by a landlord’s attachment. The second was brought in equity, to foreclose a lien given by the lease upon all property of the defendants used or kept in the leased premises, whether it was exempt from execution or not.
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Appeal from Polk District Court. — Hon. W. A. Spurrier, Judge. This is a consolidation of two actions, the purpose of which was the collection of rent due. The first action was commenced at law, and was aided by a landlord’s attachment. The second was brought in equity, to foreclose a lien given by the lease upon all property of the defendants used or kept in the leased premises, whether it was exempt from execution or not. On the application of the plaintiff, the action at law was transferred to the equity docket, and the two were consolidated, and heard as in equity, on their merits. A…
1Opinion of the CourtRobinson, J.
*2541 *253On the fifteenth day of July, A. D. 1892, the plaintiff leased to the defendants the entire second floor of a certain building in the city of Des Moines, for the term of fourteen months and fifteen days. The lease, which was in writing, required the defendants to pay a rent of fifty-six dollars each month, but contained a proviso that, until the plaintiff should cause the premises to be heated with steam, the monthly rent should be forty-five dollars. The premises were to be used “for a lodging house,” and for no other purpose, excepting that the defendants were permitted to do the family…
2Cases cited5 opinions
- Ryman v. LynchSupreme Court of Iowa · 1889
- Morris v. Merritt & Co.Supreme Court of Iowa · 1879
- Wilkinson v. PritchardSupreme Court of Iowa · 1895
- Hoffman v. Independent District of HamptonSupreme Court of Iowa · 1895
- Marquis v. IllsleySupreme Court of Iowa · 1896
3Cited by9 opinions
- Fisher v. TrumbauerSupreme Court of Iowa · 1912
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Twogood v. AlleeSupreme Court of Iowa · 1904
- Crissman v. McDuffSupreme Court of Iowa · 1901
- Beh v. TilkSupreme Court of Iowa · 1936
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