Kelty v. McPeake
Supreme Court of Iowa
Appeal from O’Brien District Court. — Hon. William Hutchinson, Judge. Suit in equity to set aside and cancel a lease made by plaintiffs to defendant on the ground of fraud and misrepresentation in procuring the same. Decree for plaintiffs, and defendant appeals.
1Opinion of the CourtDeemer, J.
On or about August 6, 1907, plaintiffs, as executors of the William H. Kelty estate, entered into a written contract of lease with the defendant, whereby they undertook that he should have the right to the use .and possession of three hundred and twenty acres of land belonging to the estate for the period of three years from and after the 1st day of March, 1908, at the agreed rental of $1,100 per year. The payments of rent were evidenced by six promissory notes of $550 each, executed and delivered on the same day as the lease. Pursuant to the lease defendant went upon the land, and did some…
2Cases cited3 opinions
- Baker v. MathewSupreme Court of Iowa · 1908
- Scott v. BurnightSupreme Court of Iowa · 1906
- Martin v. DavisSupreme Court of Iowa · 1896
3Cited by7 opinions
- M. W. O'rieley, Trustee in Bankruptcy of Woerderhoff Shoe Co., Inc. v. Endicott-Johnson CorporationCourt of Appeals for the Eighth Circuit · 1961
- Stearns v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Leach v. Central Trust Co.Supreme Court of Iowa · 1927
- E. E. Atkinson Co. v. Neisner Brothers, Inc.Supreme Court of Minnesota · 1935
- Tull v. TurleyCourt of Appeals of Texas · 1931
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