Rollins v. Proctor
Supreme Court of Iowa
Appeal from Polla OirovÁt Gov/rt. On the 14th day of November, 1880, the plaintiff commeuced this action in equity for the reformation of a lease of certain premises, for the recovery of rent thereon from December 1879 to November 1880, at the rate of $54.15 per month, and for the issuance and enforcement of a landlord’s attachment against certain property used upon the leased premises. The defendants made no defense.
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Appeal from Polla OirovÁt Gov/rt. On the 14th day of November, 1880, the plaintiff commeuced this action in equity for the reformation of a lease of certain premises, for the recovery of rent thereon from December 1879 to November 1880, at the rate of $54.15 per month, and for the issuance and enforcement of a landlord’s attachment against certain property used upon the leased premises. The defendants made no defense. Hugh E. Creighton intervened and claimed a lien upon the attached property, in virtue of two chattel mortgages thereon, superior to the landlords's lien of the plaintiff. The…
1Opinion of the CourtDay, J.
In October, 1877, the plaintiff leased a livery barn, the premises involved in this controversy, to L. Wells, for a period of five years, at a monthly rental of $54.15. In July, 1878, Wells sold his livery stock to Blyler & Skinner, they assuming the unexpired term of said lease. Plaintiff accepted them as tenants in lieu of Wells. Skinner sold his interest in the stock and lease to the defendant Proctor. Proctor sold to Mrs. Barrett, and in December 1878, Blyler and Mrs. Barrett made a division of stock, so that, instead of each owning an undivided half, each owned one half in severalty.…
2Cases cited1 opinion
- Smith v. Wells' adm'xCourt of Appeals of Kentucky · 1868
3Cited by7 opinions
- Stein v. McAuleySupreme Court of Iowa · 1910
- Ladner v. BalsleySupreme Court of Iowa · 1897
- Armstrong v. ThompsonSouth Dakota Supreme Court · 1934
- Smith v. DaytonSupreme Court of Iowa · 1895
- Cartwright v. WidemannHawaii Supreme Court · 1892
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