12 Minn. 54 | Minn. | 1866
By the Oov/rt
The complaint in this action distinctly avers that on the 15th of April, 1865, the plaintiff was the owner of a certain wooden building, the locality of which is stated, and the mode of acquiring title by the plaintiff ; that on that day he leased the two lower front rooms of the building to defendants, by a written lease duly executed bearing-date the 15th of April, 1865, for the term of two years aud a half, commencing at said 15th of April, 1865, &c., and that said lease was duly delivered to said defendants, and they took possession of said leased premises thereunder. This is a sufficient averment of the' delivery of the lease and possession of the premises on the 15th of April. In the absence of any evidence to the contrary, where a written lease is to take effect id praesenU, and possession under the lease is averred, the prima faeie presumption is that both the instrument and possession of the premises were delivered on the day of the date of the lease. There is a distinct averment of ownership of the building by the plaintiff at the date of the lease, which will be presumed to continue until the contrary is affirmatively shown. The complaint also avers that the defendants as rent of the premises, and as one of the conditions of said lease, and in consideration thereof, by and in said lease were to, and agreed to procure for the benefit off the plaintiff, an insurance of seven hundred dollars on the building, in which said rooms were situated, and to keep the same so insured during the term of said lease, said insurance by the terms of said written lease to be effected as soon as the 18th day of April, 1865, in a respectable and responsible company. It would seem to be
The order overruling the demurrer is affirmed.