Hubbell v. Hubbell
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. A. H. Me Yet, ' J udge. On the 20th day of December, 1905, the trustees of the Frederick M. Hubbell, estate executed a lease of the realty described in the petition to the C. L. Percival Company for the term of ninety-nine years from and after March 1, 1906, at an annual rental of $400 during the first twenty-five years and a rental equal to 4 per cent, per annum on the appraised value after March 1, 1931, such appraisal to be then made…
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Appeal from Polk District Court.— Hon. A. H. Me Yet, ' J udge. On the 20th day of December, 1905, the trustees of the Frederick M. Hubbell, estate executed a lease of the realty described in the petition to the C. L. Percival Company for the term of ninety-nine years from and after March 1, 1906, at an annual rental of $400 during the first twenty-five years and a rental equal to 4 per cent, per annum on the appraised value after March 1, 1931, such appraisal to be then made and at the end of every twenty-five years thereafter, the lessee to pay taxes, special assessments, and the like during…
1Opinion of the CourtLadd, J.
The vital inquiry in this case is whether the trust deed confers on the trustees power to execute a ground lease for building purposes extending into the future a period of ninety-nine years.. It specifies the powers and duties they are to exercise, and in express terms excludes all others. They are not “ to sell or dispose of ” the property described in Schedule A, which includes that in controversy, save for party walls, streets, and other public purposes, but “ shall have power to lease said property, and to demand, collect, sue, and receipt for the rents, issues, and profits arising, and…
2Cases cited18 opinions
- Hale v. HaleIllinois Supreme Court · 1893
- Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
- Losey v. . StanleyNew York Court of Appeals · 1895
- Meek v. BriggsSupreme Court of Iowa · 1893
- Marsh v. ReedIllinois Supreme Court · 1900
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Upham v. PlankintonWisconsin Supreme Court · 1913
- City of Des Moines v. City of West Des MoinesSupreme Court of Iowa · 1948
- Hill v. HillNew Jersey Superior Court Appellate Division · 1912
- Russell v. RussellSupreme Court of Connecticut · 1929
- Chase Nat. Bank of City of New York v. Citizens Gas Co. of IndianapolisCourt of Appeals for the Seventh Circuit · 1940
24 more not listed; retrieve them via the Exa API.