Haywood & Son v. O'Brien
Supreme Court of Iowa
Appeal from Gtinton District Oourt. The petition states that Robert' Huffman, by an instrument' in writing, leased certain premises to the defendants for a. term of years, the rent to be paid annually in money, and that the lease had been assigned to the plaintiffs. The rent being-unpaid, the plaintiffs asked that a landlord’s attachment be-issued, which was done, and certain property of the defendants attached.
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Appeal from Gtinton District Oourt. The petition states that Robert' Huffman, by an instrument' in writing, leased certain premises to the defendants for a. term of years, the rent to be paid annually in money, and that the lease had been assigned to the plaintiffs. The rent being-unpaid, the plaintiffs asked that a landlord’s attachment be-issued, which was done, and certain property of the defendants attached. The defendants moved the court to quash the attachment on the grounds, in substance, that the lease was not assignable, and that the relation of landlord and tenant did. not exist…
1Opinion of the CourtSeevers, J.
i. landlord assignment’of mend — It was held in Lufkin da Wilson v. Preston,. cmte, page 235, that leases like the one in question were-assignable, and that the assignee was entitled thereunder to the rent. This being true, we think it follows that the assignee is entitled to a writ. *538of attachment, as provided by statute. The assignment of the lease carried with it the lien of the lessor, and all the remedies for its enforcement.
Affirmed.
2Cited by7 opinions
- Riddle v. DowSupreme Court of Iowa · 1896
- Moore v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1913
- Northcutt v. HumeCourt of Appeals of Texas · 1915
- Pitts v. Exchange National BankSupreme Court of Kansas · 1925
- Keim v. MyersIndiana Court of Appeals · 1909
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