Larson

Action to recover damages for the alleged eviction of plaintiff from the possession of premises which she held under a lease from defendants, who appeal from an adverse judgment.

It appears that on June 11, 1919, defendants executed a lease to plaintiff of forty acres of land for a period of five years, at the term rental therein specified of six thousand dollars, to be paid in installments of one hundred dollars per month. On the same date a contract was executed between the parties whereby defendants sold to plaintiff a dairy herd of cows, together with other personal property, for the sum of four thousand two hundred dollars, payment of which plaintiff promised to make in installments of one hundred dollars or more per month, and to secure which she executed a chattel mortgage upon the property so purchased by her. It was agreed that all moneys realized by her from the sale of products from said cows, as well as that received from the sale of livestock disposed of, should be paid monthly, which sums, less fifty dollars per month which they were to pay plaintiff, were to be applied upon the rent due upon said lease, and any balance paid upon plaintiff’s note so secured by the…