Butterfield v. Kirtley
Supreme Court of Iowa
Appeal from Clinton District Court. — IIon. W. F. Bran-nan, Judge. Action commenced July 3, 1899, to recover damages for an alleged wrongful and forcible holding possession of certain lands by the defendants, alleged to belong to the plaintiff, from March 1, 1899, after the expiration of their lease, and after notice to quit.
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Appeal from Clinton District Court. — IIon. W. F. Bran-nan, Judge. Action commenced July 3, 1899, to recover damages for an alleged wrongful and forcible holding possession of certain lands by the defendants, alleged to belong to the plaintiff, from March 1, 1899, after the expiration of their lease, and after notice to quit. The action was aided by an attachment sued out upon the ground “that each and all of said defendants have jointly and severally property or rights of action which he or they conceals or concealed,” which attachment was levied upon certain growing crops oñ the land in…
1Opinion of the CourtGiven, C. J.
I. On the twenty-fifth day of February* 1899, plaintiff commenced said action of forcible entry and detainer against these defendants to recover possession of this land, and in that case the same issues were joined as to title and right to possession that are joined in this case. On appeal in that case to the district court, judgment was rendered in favor of the plaintiff, which on appeal to this court was affirmed. See 114 Iowa 520. In that case the issues as to title and right of possession were adjudicated against the defendants, and all that we need consider in this case are the issues as…
2Cases cited1 opinion
- Butterfield v. KirtleySupreme Court of Iowa · 1901
3Cited by1 opinion
- Genardini v. KlineArizona Supreme Court · 1920