District Township v. Moorehead
Supreme Court of Iowa
Appeal from the Ida Cirewit Court. It is alleged in the petition that in the year 1860 plaintiff, with the consent of the defendant, built a frame school-house one story high, on land then and now owned by defendant; that it was agreed by the members of the board of directors of said district township and the defendant, that plaintiff should have free use of a sufficient amount of said land for the said school-house to stand upon, and for school-house purposes, so long as…
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Appeal from the Ida Cirewit Court. It is alleged in the petition that in the year 1860 plaintiff, with the consent of the defendant, built a frame school-house one story high, on land then and now owned by defendant; that it was agreed by the members of the board of directors of said district township and the defendant, that plaintiff should have free use of a sufficient amount of said land for the said school-house to stand upon, and for school-house purposes, so long as the said district township shoiíld “ let the said school-house remain on said landthat said house is of the value of $300;…
1Opinion of the CourtRothkock, J.
I. The plaintiff makes no claim to an interest in the land, but insists that the building of the school-
1 statute of feTse-s:con-01 tract. h°use 011 defendant’s land, under the agreement set UP ™ ^ie petition, was a mere oral license* and the house is not a part of the realty, but a chattel, subject to be removed at the will of the plaintiff. The defendant insists that the house is a part of the real estate, not the subject of replevin, and that the contract set out in the petition is'an oral lease good for only one year. Under the allegations of this petition it is not necessary to determine…
2Cases cited2 opinions
- Curtiss v. HoytSupreme Court of Connecticut · 1848
- Wilgus v. GettingsSupreme Court of Iowa · 1866
3Cited by6 opinions
- Cameron v. Oakland County Gas & Oil Co.Michigan Supreme Court · 1936
- Mickle & Co. v. DouglasSupreme Court of Iowa · 1888
- Oskaloosa Water Co. v. Board of EqualizationSupreme Court of Iowa · 1892
- McCarthy v. TrumacherSupreme Court of Iowa · 1899
- Schiltz v. FergusonSupreme Court of Iowa · 1930
1 more not listed; retrieve them via the Exa API.