87 Iowa 697 | Iowa | 1893
The fourth count was for damages for forcibly and unlawfully taking possession of the said farm while the plaintiff and Collins were rightfully in the possession
The sole ground of complaint is that the verdict, so far as it awards six hundred and forty-seven dollars and ten cents to the plaintiff for the alleged wrongful taking possession of the farm, is not supported by the evidence. The lease required the lessees “to plow, plant, sow, properly work, and harvest all crops grown on the premises, in good and proper season, giving no preference to harvesting and storing their shares, to
There is strong evidence in the case that there was ■a signal failure, on the part of the lessees, to properly ■cultivate the farm and harvest the crops for the year 1888. The defendant had a chattel mortgage upon the property of the lessees used in farming the land. The mortgage was foreclosed in the usual manner, and on the fourteenth day of January, 1889, the property was ■sold to satisfy the mortgage. This sale was not wrongful. The third count of the petition is a claim for damages for seizing the property and foreclosing the mortgage, and the jury rightfully found that the plaintiff was not ■entitled to damages therefor. The plaintiffs were then ■on the land without teams to cultivate it. On the fourteenth day of January, 1889, the defendant gave them written notice to quit the farm. They made no response to this notice, except that the plaintiff said to the person who served the notice that he (plaintiff) calculated to stay there. When the proper time arrived to commence spring work on the farm, the defendant commenced operations thereon, and there is not one word in evidence to the effect that any objection was made by the plaintiff. He testified, in his examination ■as a witness on that subject, as follows: “Defendant gave notice to quit the premises January 14, and took possession in March, 1889. He went in and went to work. I was living there at the time, and making it
It appears to us that there was no evidence authorizing a finding that the possession was taken wrongfully. The defendant was under no obligation to allow the farm to lie without cultivation, and, under the lease, the lessees had no right to sublet it without the consent of the defendant; and the lessees had no means of farming it for the year 1889. The verdict of the jury was without support in the evidence, for the further reason that there was really no competent evidence of the value of the use of the farm to a tenant under this lease. The lease required the tenant to give-two-fifths of the crops raised to the defendant as a rent. The evidence in relation to the value of the use did not go to the real question. Most of it was based on the rental value of the land. The true inquiry was, what, was a farm worth to a tenant after paying the rent? Or, in other words, if the lessees had sold or assigned their lease, what was its value to the assignee, taking into account the rent required- to be paid? As no complaint is made as to any other finding of the jury, the judgment will be affirmed in all respects, excepting as to the amount of six hundred and forty-seven dollars and ten cents. As to that item the case is reversed, and remanded for a new trial.