81 Iowa 287 | Iowa | 1890
On the twenty-ninth day of April, 1884, the defendant, S. T. Davis, entered into an agreement in writing with his codefendant, G. S. Martin, for
It may be conceded for the purposes of this case that the plaintiffs were bound to take notice of the actual interest which Martin held in the land, and of the limitation upon Ms power to make contracts for improvements which would entitle them to a lien. It was the right of Davis to contract for the sale of the lot on such conditions as would secure the payment therefor, and prevent the placing of incumbrances thereon until the purchase price should be paid. What was the purpose of the agreement in question ? Certainly not to prevent the making of improvements. In terms it created a leasehold interest. Section 4 of the Acts of the Sixteenth General Assembly, already referred to, provides for establishing liens on improvements on land held by the owner under a lease, and expressly provides that the lien shall not be impaired by a forfeiture of the lease “for the non-payment of rent or for non-compliance
The decree of the court below is affirmed.