Legal Opinion

Hoyt v. Dengler

Supreme Court of Kansas

Decided July 15, 1894PublishedCited by 5 opinions

Error from Brown District Court. Austin W. Hoyt brough suit in the district court of Brown county against G. S. Dengler to recover the amount of a promissory note for $225, which it was alleged was due for the rent of farming lands, and obtained an attachment at the commencement of the action.

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Error from Brown District Court. Austin W. Hoyt brough suit in the district court of Brown county against G. S. Dengler to recover the amount of a promissory note for $225, which it was alleged was due for the rent of farming lands, and obtained an attachment at the commencement of the action. The defendant answered, and alleged (1) that under the lease from plaintiff to him he was to have possession of the lands from the 1st of March, 1888, to the 1st of March, 1890, and that the plaintiff forcibly evicted him from the premises on the 20th of November, 1889, for which he claimed damages in…

1Opinion of the Court

The opinion of the court was delivered by

Allen, J.:

The plaintiff leased a quarter section of land in Brown county to the defendant for two years for $900 rent, and the defendant executed four notes of $225 each therefor. The first three notes were duly paid. In November, 1889, being the fall before the lease expired, the defendant moved off the place, leaving some articles of property there. Soon afterward the plaintiff leased the premises to one Burns, who moved into the house. It appears that the corn crop had been injured by hail, and the defendant had sold the crop in the field to one…

2Cited by5 opinions

  1. Hamilton v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1915
  2. Murphy v. Ludowici Gas & Oil Co.Supreme Court of Kansas · 1915
  3. Skaer v. American National BankSupreme Court of Kansas · 1928
  4. Selz v. StaffordIllinois Supreme Court · 1918
  5. Missouri, Kansas & Texas Railway Co. v. YoungCourt of Appeals of Kansas · 1899

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