Legal Opinion
Gibbs v. McFadden
Supreme Court of Iowa
Decided September 25, 1874PublishedCited by 5 opinions
Appeal from Mahaska Circuit Court. Action in equity to rescind a lease of land and for an injunction to restrain the defendant from committing repeated trespasses. A demurrer to the petition of plaintiffs being sustained and the petition dismissed, they appeal to this court. The facts of the case appear in the opinion.
1Opinion of the Court
Miller, On. J.
The plaintiffs, in their petition and amendment thereto, allege that, on the 20th day of February, 1873, E. H. Gibbs, one of the plaintiffs, entered into a written contract by which the defendant was to have control of a certain farm of said plaintiff for the year 1873, except the dwelling house, which contract is as follows:
“ Contract entered into this 20th day of February, 1873, between E.H. Gibbs and N. McFadden, witnesseth: That the said E. H. Gibbs does rent to the said McFadden his farm for the term of one year from this date, together with one pair of horses, and tools…
2Cases cited2 opinions
- Cowles v. ShawSupreme Court of Iowa · 1856
- Brazleton's Adm'r v. BrazletonSupreme Court of Iowa · 1864
3Cited by5 opinions
- Riddle v. BeattieSupreme Court of Iowa · 1889
- Martin v. DavisSupreme Court of Iowa · 1896
- Goldthorp v. KeenanSupreme Court of Iowa · 1921
- Usailis v. JasperSupreme Court of Iowa · 1937
- Hall v. HenningerSupreme Court of Iowa · 1909