Thompson v. Baxter

119 N.W. 797 (1909)

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Nature of the Case

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Facts

This is a proceeding in forcible entry and unlawful detainer, instituted by P where d had judgment. P appealed to the district court, where a like result followed. P again appealed. P is the owner of the premises that she by purchase from a former owner, who had theretofore entered into a contract by which he leased and demised the premises to D at an agreed monthly rent of twenty two dollars. P's title is subject to all rights that became vested in D. The lease, after reciting the rental of the premises and other usual conditions, contained the following stipulation: 'To have and to hold the above-rented premises unto the said party of the second part [the tenant] his heirs, executors, administrators, and assigns, for and during the full term of while he shall wish to live in Albert Lea, from and after the first day of December, 1904.' D has at all times paid the rent as it became due. P contends that the lease created either a tenancy at will, at sufferance, or from month to month, and that she could terminate the same at any time by proper notice. The trial court held that the contract created a life estate in d, terminable only at his death or removal from Albert Lea.