Daly v. Simonson
Supreme Court of Iowa
Appeal from Webster District Court.— Hon. W. D. Evans, Judge. ActioN in equity to restrain defendant from removing certain fixtures from land owned by plaintiff. A temporary writ of injunction was issued as prayed. Thereafter defendant answered, claiming that he was the- owner of the fixtures; that they were erected by him as a tenant, and were removable. He amended his answer by pleading a mistake in his lease of the land from plaintiff, and asked for a reformation thereof.
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Appeal from Webster District Court.— Hon. W. D. Evans, Judge. ActioN in equity to restrain defendant from removing certain fixtures from land owned by plaintiff. A temporary writ of injunction was issued as prayed. Thereafter defendant answered, claiming that he was the- owner of the fixtures; that they were erected by him as a tenant, and were removable. He amended his answer by pleading a mistake in his lease of the land from plaintiff, and asked for a reformation thereof. Plaintiff denied the alleged mistake, and pleaded that he was the owner of the fixtures. Defendant thereupon pleaded a…
1Opinion of the Court
Deemer, J.—
i. Pleadings: d!sc?etu5nnof court. Defendant obtained possession of tbe land upon wbicb tbe improvements were placed through a lease from tbe then owner thereof, tbe Webster Coal & Land Oom-which provided that be should build tbe fences and buildings necessary for bis own convenience, or required by law, “ having tbe right to remove tbe same at tbe termination of tbe lease.” This lease, or some of the renewals thereof, expired March 1, 1901. While defendant was in possession of tbe land under bis lease, of wbicb the last was a renewal, be made various improvements upon tbe place.…
2Cases cited12 opinions
- Wright v. MacDonnellTexas Supreme Court · 1895
- Kerr v. KingsburyMichigan Supreme Court · 1878
- Newman v. Covenant Mutual Insurance Ass'nSupreme Court of Iowa · 1888
- Second National Bank of Beloit, Wis. v. O. E. Merrill Co.Wisconsin Supreme Court · 1887
- Fischer v. Johnson Lane & Co.Supreme Court of Iowa · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sassen v. HaegleSupreme Court of Minnesota · 1914
- Ray v. YoungSupreme Court of Iowa · 1913
- Ogden v. GarrisonNebraska Supreme Court · 1908
- Frank A. Gibson v. United StatesCourt of Appeals for the D.C. Circuit · 1959
- Marty v. Champlin Refining Co.Supreme Court of Iowa · 1949
8 more not listed; retrieve them via the Exa API.