Mills v. Hamilton
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. On the 23d day of August, 1877, the plaintiff filed a petition in equity, in substance as follows: “1. That the plaintiff William Mills is the owner of a certain lot in the city of Dubuque, on which is erected a brick dwelling-house, wood-shed and other out-buildings.
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Appeal from Dubuque Circuit Court. On the 23d day of August, 1877, the plaintiff filed a petition in equity, in substance as follows: “1. That the plaintiff William Mills is the owner of a certain lot in the city of Dubuque, on which is erected a brick dwelling-house, wood-shed and other out-buildings. “2. That diaries M. Mills is the lessee of said premises under a written lease executed August 4, 1877, for the term of one year, lias paid the full rent of said premises for the term, and is in possessi on by his sub-lessee. “3. That the defendant, George B. Hamilton, on the 20th of August,…
1Opinion of the CourtDay, J.
1. landlord and tenant: attornment: mortgage. I. The defendant does not deny that he entered upon the premises and was about to remove the wood-shed as alleged. He seeks to justify his action through the attornment from Heaton, and claims that thereby he became entitled to the possession of the premises. It is not claimed that there was any sale under the defendant’s judgment of foreclosure, and it is admitted that a right of redemption still existed under the Mary Hickson foreclosure sale. During the year for redemption the mortgagor is entitled to the possession of the premises. Barrett v.…
2Cases cited1 opinion
- Barrett v. BlackmarSupreme Court of Iowa · 1877
3Cited by8 opinions
- Sioux City Stock Yards Co. v. Sioux City Packing Co.Supreme Court of Iowa · 1900
- Swift v. CalnanSupreme Court of Iowa · 1897
- Goldthorp v. KeenanSupreme Court of Iowa · 1921
- Huskins v. McElroySupreme Court of Iowa · 1883
- Usailis v. JasperSupreme Court of Iowa · 1937
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