Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-11-16
: lmportant Decisions}
NEUTRALITY-SUSPICIOUS.


Plaintiff sold to defendants husband
certain machinery for $500. Two hum
bred dollars of the consideration was
to be paid by a conveyance OF land be-
longing to defendant, the balance to be
secured by notes to be executed by the
husband, in which plaintiff was to re-
tain title Of the machinery sold. The
notes were executed, and small pay
ments made thereon, but on the hus-
bands failure to make other payments,
plaintiff tooY possession Of the machine
cry, the value of which, added to the
amount paid, more than repair the
purchase money and interest. Held,
that plaintiff was not entitled in equity
to enforce supecific performance of de-
PENDANTS contract to convey land. San
ders VS.. Newton, 81 ST $40 (Ala.).
LANDLARD AND TENANT. -.
Plaintiff is the owner Of a brick
building in Eagle Grove and leased to
defendant, dentist, suite Of office
rooms on the second floor Of the build
ing. The lease ran for one year end
ing October Is. 1901. The rooms are
designed to be heated by steam heat,
and in the lease was a provision that
such heat should be furnished by the
plaintiff. the defendant paying fixed
sum therefor in addition to the rentaf
charge agreed. At the expiration Of
the first year an extension for fur
ther year was agreed upon, and defen-
dant continued to occupy the property
until March IL, 1902, when he vacated
the premises and refused to pay the
rent TOR the balance Of the term. De-
PENDANT claims he was compelled to va
cate owing to the failure of plaintiff
to furnish sufficient heat to make the
rooms habitahle, of which numerous
complaints were made to plaintiff.
Held, defendant was entitled to vacate
and abandon the premises. Filkips VS..
Steele, 100 n. w. S51 Gowa).
REAL ESTATE.
Decedent's father, after conveying
ing certain property to her as gift in
1872, continued to occupy 1t as before,
and from 1874, after decedent had re-
moved to another city, paid taxes on
land from money owing to decedent
until 1877; the taxes for that year
being paid by decedent's husband. In
1880 the father purchased the land for
the taxes of 1872 and continued to oc-
cupy it as before, until he died, tho
in 1891 he conveyed the land to COM
plainant who lived with him thereon.
Complainant filed bill Of complaint to
quiet title, claiming that the defend
ants title had been defeated by adj
verse possession. Held, that the faith
er's occupancy as against decedent's
| heirs, who were minors, was not adj
verse; in the absence of actual notice,
either during or subsequent to their
minority, of his intention to hold the
property in spite of their rights. Nu-
gent VS.. Peterman, 100 N. w. 895
(Mich.)
PRoMIssoRY NOTES.
This was an action on promissory
| note. 1t was apparent that the date
| of the note had been changed and that
it had been so altered as to become
| payable after the makers death. in
stead of one year after date. The al
terations were made while the note
was in the possession of plaintiff, but
| when they were made, or why, or that
the make rhad any knowledge of them
| was not shown. Held, not error to di-
rect verdict for the defendant, on the
ground that the alteration was ma
terial alteration.
Bowers VS.. Rineard. So Att. 912
| CPa.)
PERSONAL. INJURY.
| Defendant, street railway company,
ran its cars to and from a stock house
of T.. plaintiffs employer, for the pur-
| pose Of their unloading, it being agreed
between defendant and T. that the
cars after being delivered and unload
ed, were to be cleaned out by SER
want of r., and the defendant should
convey such servant on Its cars to the