105 Iowa 367 | Iowa | 1898
— Appellee is, and has been for many years, the owner in fee simple of the land occupied by the defendants. Sarah S chut ter, the mother of appellee and of appellant, Elizabeth Mosier, was possessed of a life estate in these lands from June, 1888, to- the date of her death, April 11, 1896. Appellant, William Mosier, the husband of hi® co-defendant, rented the premises from the life tenant for the year beginning March 1, 1896, agreeing for the use thereof to clothe, board, and care for the life tenant during the term of the lease. Mosier entered into possession of the premises, hauled manure, and prepared the land for seeding prior to the death of the life tenant, and thereafter raised a crop of corn thereon. Appellants were at all times ready and willing to comply with their contract, -and furnish their lessor -as agreed, provided she would live with them, but for some reason,- — not -due to -any fault of appellants, however, — she was cared for by other parties until her death, in April. Emma Carman -and Elizabeth Mosier are the sole and -only heir® and personal representatives of the life tenant.
These are the material facts gathered from the -agreed statement, and it need only be added that the parties also agreed that, if the court found plaintiff entitled to recover, she should have one-half of the corn grown upon the premises or the value thereof, to be protected in the manner as finally decreed by the trial court.
In order that appellee may recover, she must show that, a:s owner of the reversion, she is entitled to compensation for the use and occupation of the land, or tha-t as an heir, or as one of the personal representatives of the deceased life tenant, she is entitled to- some part of the rent reserved. It will be observed that the consideration for the lease was an agreement to support the lessor during the term of the lease, and that appellants