Legal Opinion

Boyd v. Stipp & Harlan

Supreme Court of Iowa

Decided May 9, 1911PublishedCited by 5 opinions

Appeal from Marshall District Gourt. — Hon. C. B. Bradshaw, Judge. Action by the plaintiff, as landlord, to enforce a landlord’s lien, and to recover of the defendants the value of grain raised upon the leased premises and appropriated by the defendants through purchase from plaintiff’s tenant. The defendants demurred to the petition, and such demurrer was sustained.

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Appeal from Marshall District Gourt. — Hon. C. B. Bradshaw, Judge. Action by the plaintiff, as landlord, to enforce a landlord’s lien, and to recover of the defendants the value of grain raised upon the leased premises and appropriated by the defendants through purchase from plaintiff’s tenant. The defendants demurred to the petition, and such demurrer was sustained. The plaintiff electing to stand upon his pleading, the trial court entered judgment dismissing the action, and the plaintiff has appealed.

1Opinion of the Court

Evans, J. —

It appears from the petition that the plaintiff leased- his land to one Grove for a term beginning January 5, 1907, and ending March 1, 1908. The rent was made payable February 1, 1908. It appears also therefrom that the rent is unpaid; and that some time prior to March 1, 1908, the tenant sold to the defendants, who were dealers in grain, several hundred bushels of oats, and the same were received by the defendants and disposed of by them. This action was begun May 25, 1909. The ground, of the demurrer was that the action was barred because it was not brought within one year after…

2Cases cited2 opinions

  1. Beck v. Minnesota & Western Grain Co.Supreme Court of Iowa · 1906
  2. Nickelson v. NegleySupreme Court of Iowa · 1887

3Cited by5 opinions

  1. Miller & Chaney Bank of Newell v. CollisSupreme Court of Iowa · 1931
  2. Price v. HowsenSupreme Court of Iowa · 1924
  3. Andrew v. Marshalltown State BankSupreme Court of Iowa · 1929
  4. Bundy v. Grinnell Canning Co.Supreme Court of Iowa · 1932
  5. Southwest FS, Inc. v. FisherCourt of Appeals of Iowa · 1986

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