Legal Opinion

Waller v. Vermitt

Supreme Court of Iowa

Decided April 9, 1896PublishedCited by 1 opinion

Appeal from Ringgold District Court. — Hon. H. M, Towner, Judge. This is a proceeding in forcible detainer, by which the plaintiff seeks to obtain the possession of a farm of two hundred and forty acres. There was a demurrer to the petition, which was sustained, and judgment was entered for the defendants. Plaintiff appeals.—

1Opinion of the CourtRothrock, C. J.

The proceeding was commenced before a justice of the peace. A formal petition was filed, from which it appears that the defendants were tenants on the farm of the plaintiff, the possession of which is in dispute, and on the fourth day of September a written agreement was entered into between the parties, by which the defendants were to deliver certain property to the plaintiff, and perform some labor on the land, and give up possession of the farm “the last of October, 1894.” The plaintiff took no steps to obtain possession of the land until January 8, 1895, when he caused a notice to be…

2Cases cited2 opinions

  1. Johnson v. ShankSupreme Court of Iowa · 1885
  2. Kellogg v. GrovesSupreme Court of Iowa · 1880

3Cited by1 opinion

  1. Benschoter v. HakesSupreme Court of Iowa · 1943

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