Gudgel v. Southerland
Supreme Court of Iowa
Appeal from, Dallas District Court. — Hon. J. D. Gamble, Judge. This case was tried to the court below on an agreed statement of facts, which is substantially as follows: James H. Gudgel was the owner of certain farm lands, which he deeded to these defendants in severalty, with the following reservations in the deeds: “I hereby expressly reserve the possession, use, rents, and profits of said property during my life time.”
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Appeal from, Dallas District Court. — Hon. J. D. Gamble, Judge. This case was tried to the court below on an agreed statement of facts, which is substantially as follows: James H. Gudgel was the owner of certain farm lands, which he deeded to these defendants in severalty, with the following reservations in the deeds: “I hereby expressly reserve the possession, use, rents, and profits of said property during my life time.” In March, 1899, he leased the land to various parties for the term of one year, ending March 1,1900. He died June 15, 1899; and at that time no part of the rent was due,…
1Opinion of the Court
Sherwin, J. —
Plaintiff concedes that, under the rule of the common law, there could be no apportionment of rent not due at the time of the death of the life tenant, but contends that, under section 2988 of the Code she is entitled to a ratable rent for the time between March 1 and June 15, 1899. This statute, and like statutes in other states, were undoubtedly enacted following the principle of the statute (11 Geo. II, chapter 19, section 15) and, by considering the purpose of that statute, we may easily determine the purpose of our own. Before the enactment of the English statute there was…
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