Chapman v. Dunwell
Supreme Court of Iowa
Appeal from Clay District Court. — IIon. F. H. ITelsell, Judge. Action begun at law to recover damages for injuries to crops by trespassing animals.
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Appeal from Clay District Court. — IIon. F. H. ITelsell, Judge. Action begun at law to recover damages for injuries to crops by trespassing animals. Defendant, answering, denies the trespass, and by way of cross bill'in equity, alleges that plaintiff holds the land said to have been trespassed upon as the tenant of defendant under a lease requiring plaintiff to protect said land by fence, and that such stipulation was, by mutual mistake, omitted from the written memorandum of lease; and he asks to have the writing reformed accordingly. The issue taken upon the cross bill was tried to the…
1Opinion of the CourtWeaver, J.
It is conceded that the tract of land under consideration is part of a larger tract owned by appellant, and that appellee is the appellant’s tenant thereon. It is also conceded that the written contract of lease contains no stipulation requiring appellee to erect a fence separating the leased premises from the remainder of the farm, and the only question raised upon this appeal is whether such'stipulation was in fact agreed to by the parties, and by mistake omitted from the writing. It is a well-established principle, which appellant admits, that, to justify -the reformation of a written…
2Cases cited4 opinions
- Hervey v. SaverySupreme Court of Iowa · 1878
- Gelpcke v. BlakeSupreme Court of Iowa · 1863
- Tufts v. LarnedSupreme Court of Iowa · 1869
- Murphy v. First National BankSupreme Court of Iowa · 1895
3Cited by4 opinions
- Hope v. BourlandSupreme Court of Oklahoma · 1908
- Kanofsky v. WoerderhoffSupreme Court of Iowa · 1931
- Merchant's National Bank v. MurphySupreme Court of Iowa · 1904
- Frey v. CampSupreme Court of Iowa · 1906