Carman v. Mosier

• Court: Iowa Supreme Court
• Writing for the Court: DEEMER, C. J.
• Citation: Carman v. Mosier, 105 Iowa 367, 75 N.W. 323 (Iowa 1898)
• Decision Date: 12 May 1898
• Parties: EMMA I. CARMAN v. WILLIAM MOSIER AND ELIZABETH MOSIER, Appellants

75 N.W. 323

105 Iowa 367

EMMA I. CARMAN v. WILLIAM MOSIER AND ELIZABETH MOSIER, Appellants

Supreme Court of Iowa, Des Moines

May 12, 1898

Appeal from Fremont District Court.--HON. N.W. MACY, Judge.

SUIT in equity to recover for the use and occupation of land, to restrain the defendants from selling or removing the crops growing thereon, and to establish a lien for the amount of the judgment upon said crops and the other personal property used upon the premises. The defendants pleaded that they rented the land from a life tenant for the year beginning March 1, 1896, and ending March 1, 1897, upon condition that they support, feed, clothe, and care for the said tenant, who was old and helpless; that they thereupon entered upon the use and occupation of the land, grubbed it out, and prepared it for cultivation as best they could; that after they had taken possession, and on or about April 11, 1896, the life tenant died. They therefore denied plaintiff's right to recover for use and occupation of the land. The case was tried upon an agreed statement of facts, resulting in a judgment and decree finding that plaintiff was entitled to one-half the corn grown upon the land. Defendants appeal.

Affirmed.

W. E Mitchell for appellants.

William Eaton for appellee.

OPINION

DEEMER, C. J.

Appellee is, and has been for many years, the owner in fee simple of the land occupied by the defendants, Sarah Schutter, 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 his 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 heirs 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, as owner of the reversion, she is entitled to compensation for the use and occupation of the land, or that 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 performed their obligation, so far as they were able to do so. Now, it is probably true that the death of the lessor relieved them of any further obligation as to her. But this conclusion by no means settles the controversy, for the general rule seems to be that upon the death of a tenant for life all interest of his lessee ceases. Page v. Wright, 96 Mass. 182, 14 Allen 182; Hoagland v. Crum, 113 Ill. 365; Peck v. Peck, 35 Conn. 390; 1 Washburn, Real Property (3d ed.) p. 105. Such lessee has no...