Illsly v. Grayson
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. T. F. Stevenson, Judge. Action at law, aided by an attachment, to recover rent for the use of agricultural lands.
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Appeal from Polk District Court. — Hon. T. F. Stevenson, Judge. Action at law, aided by an attachment, to recover rent for the use of agricultural lands. The defendant pleaded certain payments, and a, counterclaim for work and1 labor done, property furnished,. and other ■miscellaneous item®. To the counterclaim plaintiff pleaded a balance due him upon a note executed by defendant, and a miscellaneous! account for work and labor done and material furnished, including the payment of a note upon which plaintiff was a surety for the defendant; and plaintiff asked that these items of indebtedness…
1Opinion of the CourtDeemer, C. J.
— The correctness of the instruction directing the jury to disregard the items pleaded in plaintiff’s reply as an offset to the defendant’s counterclaim' is the sole question presented. In order to effectuate a lien for rent, the landlord must commence his action for rent alone within one year from the time the rent accrued. Code 1873, section 2018. In such action defendant may plead a counterclaim. Code 1873, section 2655. To such counterclaim plaintiff may reply by a general or specific denial, or by pleading any new matter, not inconsistent with the petition, constituting a defense to the…
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