Sobey v. Brisbee
Supreme Court of Iowa
Appeal from Dubuque District Court. Plaintiff’s petition contains the following averments: On the first of February, 1864, defendant leased to plaintiff a farm for one year.
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Appeal from Dubuque District Court. Plaintiff’s petition contains the following averments: On the first of February, 1864, defendant leased to plaintiff a farm for one year. Plaintiff took possession, and continued therein until in March, 1865. In August, 1864, a verbal lease was made for another year, or from February 1, 1865, to the same date in 1866, and in pursuance’ thereof plaintiff remained in possession. . In February, 1865, defendant sold the farm, and his vendee ejected plaintiff by a summary proceeding before a justice of the peace, in consequence of which plaintiff sustained…
1Opinion of the CourtWright, J.
i statute °TOSaSDosf: lease' Our statute declares that when any pleading shows affirmatively that its cause of claim should be evidenced by writing, according to the law of evidence, and that the same is not so evidenced, it may be assailed by demurrer. Rev., § 2963. And it is conceded by counsel that this case involves a construction of §§ 4006, 4007 and 4008, known as a part of our “ statute of frauds.” These sections declare, as far as material to be here noted, that no evidence, unless it be writing, is competent to establish the following contracts. * * * Subd. 4. “Those for the creation…
2Cases cited2 opinions
- Wiggins v. KeizerIndiana Supreme Court · 1855
- Wilson v. MartinCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by17 opinions
- Bateman & Bro. v. MaddoxTexas Supreme Court · 1894
- Fall v. HazelriggIndiana Supreme Court · 1874
- Railsback v. WalkeIndiana Supreme Court · 1882
- Kimmins v. OldhamWest Virginia Supreme Court · 1885
- Hayes v. ArringtonTennessee Supreme Court · 1902
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