Legal Opinion

David v. Ryan

Supreme Court of Iowa

Decided March 21, 1878PublishedCited by 13 opinions

Appeal from Des Moi/nes OirevÁt Oowrb. The petition alleges tbat plaintiff and defendant entered into a written contract, by the terms of wliicb plaintiff undertook and agreed to pay defendant an annuity, and leased to defendant during her natural life certain improved real estate in the city of Burlington, tlie defendant agreeing to keep the leased premises in a good state of repair; that defendant took and retained possession of the premises until 1873, when, without fault…

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Appeal from Des Moi/nes OirevÁt Oowrb. The petition alleges tbat plaintiff and defendant entered into a written contract, by the terms of wliicb plaintiff undertook and agreed to pay defendant an annuity, and leased to defendant during her natural life certain improved real estate in the city of Burlington, tlie defendant agreeing to keep the leased premises in a good state of repair; that defendant took and retained possession of the premises until 1873, when, without fault on the part of the plaintiff, the improvements on said real estate were destroyed by fire; that the defendant fails and…

1Opinion of the CourtDat, J.

The contract entered into between tbe parties is as follows: “This article of agreement, made and entered into this 20th day of February, A, D. one thousand eight hundred and fifty-four, by and between John S. David and Charlotte Eyan, both of the County of Des Moines and State of Iowa, witnesseth: That tbe said John S. David hereby leases to tbe said Charlotte Eyan, for and during her natural lifetime, tbe following described real estate, situate in tbe city of Burlington, in said county, together with tbe appurtenances thereunto belonging, to-wit: Tbe south-east corner of lot 361, being 20…

2Cases cited3 opinions

  1. Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
  2. Beach v. . CrainNew York Court of Appeals · 1848
  3. Baker v. . JohnsonNew York Court of Appeals · 1870

3Cited by13 opinions

  1. Wattles v. South Omaha Ice & Coal Co.Nebraska Supreme Court · 1897
  2. Seevers v. GabelSupreme Court of Iowa · 1895
  3. Harris v. HeackmanSupreme Court of Iowa · 1883
  4. Sampson v. GroganSupreme Court of Rhode Island · 1899
  5. Willis Norton & Co. v. MelickSupreme Court of Iowa · 1896

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