125 Iowa 259 | Iowa | 1904
The lease contains no reference to the use of timber for firewood, but appellees insist that the right to estovers is an incident to be implied from the mere leasing of the farm, and such Was undoubtedly the rule at common law. 1 Woods on Landlord & Tenant, section 247; 1 Taylor’s Landlord & Tenant, section 350. See 18 Am. & Eng. Enc. of Law, 448; Van Deusen v. Young, 29 N. Y. 9; Wright v. Roberts, 22 Wis. 161; Webster v. Webster, 33 N. H. 18 (66 Am. Dec. 705). This is conceded, but it is argued that thé common of estovers is so out of harmony with the spirit of our institutions that it ought not to be
In large portions of this State there were no native forests, and in these innumerable artificial groves have been planted. In others, native timber is found in abundance, and, while not enough in any part to permit of indiscriminate destruction, we cannot say that because of local conditions the common of estover ought not to be regarded as a part of the law of the land. Estovers are of three kinds: (1) Housebote, being a sufficient supply of wood to repair and burn in the house;' (2) plowbote, for making and repairing instruments of husbandry; and (3) haybote, for