Mattis v. Robinson
Nebraska Supreme Court
On the 24th of August, 1858, Russel Miller made to one Easly the note and mortgage to foreclose which this suit was brought. Afterwards Miller died, leaving four daughters, all of whom were married.— one to Robinson and one to Dowling. In 1863, Robinson made a verbal lease of the premises to Mattis, who was to pay to the four sons-in-law, in equal proportions, one-fourth of all the crops he raised on the land. This lie did.
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On the 24th of August, 1858, Russel Miller made to one Easly the note and mortgage to foreclose which this suit was brought. Afterwards Miller died, leaving four daughters, all of whom were married.— one to Robinson and one to Dowling. In 1863, Robinson made a verbal lease of the premises to Mattis, who was to pay to the four sons-in-law, in equal proportions, one-fourth of all the crops he raised on the land. This lie did. The year having expired, he continued in possession. Dowling testified that he did so under an agreement made with him, for a lease for another year on the same terms as…
1Opinion of the Court
Ceotjnsb, J.. - .
*5At the time of the purchase of the mortgage by Mattis, .he was in possession of the premises as tenant of the heirs of the mortgagor, Miller. He entered as such in March, 1863, under an express parol lease made with Robinson, a husband of one of Miller’s daughters, paying rent to Robinson and the other sous-in-law; and- whether a new lease was made with Dowling, another of the sons.-in-law, for the year 1864, or not, his relation is established in law as tenant by his holding over after the expiration of his first year, and he cannot be permitted now to disclaim it. How .far…
2Cases cited3 opinions
- Willison v. WatkinsSupreme Court of the United States · 1830
- Pierce v. BrownSupreme Court of Vermont · 1852
- Jones v. ClarkNew York Supreme Court · 1822
3Cited by8 opinions
- Newman v. Hinky Dinky Omaha-Lincoln, Inc.Nebraska Supreme Court · 1988
- Comstock v. MichaelNebraska Supreme Court · 1885
- Bertram v. CookMichigan Supreme Court · 1880
- Card v. DeansNebraska Supreme Court · 1909
- Schields v. HorbachNebraska Supreme Court · 1896
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