125 Iowa 317 | Iowa | 1904
One Kirkpatrick by written contract leased to plaintiff certain premises in the town of Lone Tree for the term of three years, “ to commence this summer as soon as. the building can be properly fitted up for a meat market after it is vacated by J. L. Rawhouser, who now occupies it,” at the monthly rental of $13 per month.
It is alleged in the petition “ that possession was to be given him the ensuing summer, at a date fixed by the removal of the then tenant, Rawhouser, and that, as soon as this removal took place, the owner was to put the rented premises in condition for a meat market, and permit plaintiff to move into the same such fixtures as he then had in use; th'at for this lease he was to. pay the owner the sum of
The petition being in equity, and solely for an injunction, the demurrer was the general equitable one, and raises the question of whether or not the bill states a cause of action. It will be observed that plaintiff has never had the possession of the property, that his contract is executory in character, and that there is no claim that defendant is insolvent. At the time the action was commenced, defendant had done nothing to interfere with plaintiff’s rights under his lease. Stripped of all extraneous matter, nothing is charged against the defendant except threats as to what he will do in the future. Plaintiff was not entitled to the pos
Courts of equity are extremely reluctant to deal with questions affecting the possession of real estate. Legal remedies are usually, adequate for the protection of the parties, and equity will not, as a general rule, interfere to change the possession from one to another, or to transfer it to one whose rights have not been established at law. Toledo R. R. v. Detroit R. R., 61 Mich. 91 (27 N. W. Rep. 715). Where one is already in possession, equity will sometimes lend its aid to protect him therein. Ten Dyclc v. Sjoburg. 68 Iowa, 625. But we have found no case which holds that equity will interfere upon the application of one who is not in possession, and who at the time of the commencement of the action has no present right thereto, to prevent another