Moy v. Silveira

PEEK, J.

Defendant Joe P. Silveira appeals from a money judgment in an ejectment action.

For many years defendant had leased the land in dispute from one Maybelle Kahl. It comprises approximately 33 acres and is contiguous to about 40 acres owned by him. The

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Kahl tract is suitable for dry farming only, as the sole water supply is from a well and pump owned by the defendant and located on his land.

In 1943 Maybelle Kahl executed a deed of gift, reserving to herself a life estate and then granting a life estate to Guy G. and Gertrude Kahl for their joint lives and the life of the survivor, and granting the remainder to the plaintiffs herein, Henrietta Vasche Moy and Howard Yasche. Maybelle Kahl died on February 16, 1956, and immediately thereafter defendant entered into a written lease with the life tenants for a term of six years, expiring in January 1962, and calling for rent in the amount of $1,200 per annum. At the request of the life tenants defendant made a two-year advance payment and thus owed them no rent until December 31, 1958.

Gertrude Kahl, the survivor of the life tenants, died March 22, 1958. Shortly thereafter defendant leased his 40-acre tract and subleased the Kahl tract for the sum of $10,000 for the purpose of producing tomatoes over the entire area during the 1958 season. It was provided that the water supply on defendant’s own land would be used over both tracts in the production of the crop. Defendant had already chiseled, plowed and double-disked the area preparatory for the production of tomatoes.

On March 25, the day of Gertrude Kahl’s funeral, the plaintiffs visited the defendant at his home and informed him that they were the present owners of the property; that they were not interested in farming; and that they understood he had a year or two “to go” on his lease. They then gave him their names “in case something came up” about the property. At no time during this visit did they express an intention to evict the defendant or give him any reason to believe that he had occupied the land without their consent. Nothing whatsoever was done by plaintiffs until approximately July 14 when their attorney mailed a letter to the defendant notifying him that plaintiffs demanded $3,200 in rent for the period from March 22, 1958, through December 31, 1958, and that in the event of his failure to pay the amount demanded, they would institute an action in unlawful detainer against him. On July 31 following, the present complaint was filed. On September 15 the subtenants completed their harvest and possession of the premises was surrendered to the plaintiffs.