Bauer v. Bauer

Defendant Ehlers has appealed from the refusal to grant specific performance of a farm lease, on his cross-petition.

Katherine Bauer, owner of the land, and Peter Bauer, a son, and occupant by sufferance, sued to enjoin Alex Bauer, another son, and L. W. Ehlers, from trespassing. The object was to prevent Ehlers from taking possession under a lease given him by Alex Bauer, in writing, dated *330April 5, 1937, for a five-year term commencing March 1, 1938. Ehlers cross-petitioned to enforce the lease.

Record title stood in the name of Alex Bauer at the time he executed the lease to Ehlers. _ He had…