Effel v. Rosberg

As part of a settlement in which Robert Rosberg (plaintiff) bought residential property from Henry and Jack Effel, the parties agreed the current resident, Lena Effel (defendant), could keep living there for the rest of her life unless she chose to leave voluntarily; Rosberg and Henry (with power of attorney for Lena) then signed a lease reflecting these terms, including maintenance covenants, but the lease did not reserve a life estate for Lena. When Lena installed a wrought iron fence violating the lease covenants, Rosberg terminated the lease and sought her eviction through a forcible detainer action; the trial court awarded possession to Rosberg, and Lena appealed.