Weaver v. Coumbe
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Pound, J. The lease in question was simply a parol lease, good for a year, and determinable at the pleasure of either party at the end of the year.
Read the full summary
Error to the district court for Lancaster county. Tried below before Pound, J. The lease in question was simply a parol lease, good for a year, and determinable at the pleasure of either party at the end of the year. The owner of the fee, Mrs. Smith,, served on Coumbe, January 15, 1883, a notice to quit at. the expiration of the first year, viz., Eeb. 15,1883. Under-the English rule, tenancies from year to year are supported only by the exception to the statute, and by the statute of Nebraska there can be no tenancy from year to year unless, by a lease in writing. 4 Kent, pp. 112 and 125.…
1Opinion of the CourtMaxwell, J.
In February, 1882, one, Henry C. Smith, by a lease in-writing, leased to the defendant a farm of 160 acres for the term of five years, at a yearly rental of $250, to be paid on or before the thirty-first of December of each year. The farm belonged to the wife of Smith, and she wrote on the-lease: “I hereby agree to and ratify the foregoing lease. Mrs. H. C. Smith.” The first year’s rent was paid to and received by Mrs. Smith, and by her endorsed on the lease.. The lease is in proper form, except that there is neither an acknowledgment nor a subscribing witness to it. On the-fifteenth of…
2Cases cited4 opinions
- Uhl v. MayNebraska Supreme Court · 1876
- Lake v. GraySupreme Court of Iowa · 1872
- Kittle v. St. JohnNebraska Supreme Court · 1880
- Lake v. GraySupreme Court of Iowa · 1870
3Cited by8 opinions
- Teater v. KingWashington Supreme Court · 1904
- Gregory v. PribbenoNebraska Supreme Court · 1943
- Linton v. CooperNebraska Supreme Court · 1898
- Pearson v. DavisNebraska Supreme Court · 1894
- Kahre v. RundleNebraska Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.