A Treatise On the Law of Landlord And Tenant, in Continuation of the Author's Treatise On the Law of Real Property
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320, 17 Pac.
451.
633 EIGHTS AKD LIABILITIES OF PARTIES. [§ 458 to acept the lease.^"* The devisee of an unexpired term, who does not enter upon the demised premises nor in any way signify his intention to accept the lease, is not liable for the rent. When one becomes assignee of a lessee by operation of law, he is not, in general, charge- able with the performance of the covenants of the lease until he enters or does some act showing his acceptance. He may accept without entry, but he is not c...ompelled to take the assignment.^'*^ A devisee is an assignee in law, and, never having entered upon the d;emised premises, nor done any act to signify acceptance of the lease, would not be liable as assignee upon the covenants of the instru- ment.^*" § 458. An actual entry by an assignee upon the demised premises is not necessary in order that he should be bound by the covenant to pay rent, for, by accepting an interest under the conveyance, he incurs the responsibility connected with the estate.^^^ The cases decide that the assignee of the whole premises is liable for the rent of the whole, though only in possession of a part f^^ that the assignee of a separate part is liable for rent only of the part assigned;^"* that rent is due from the assignee of a lease only by virtue of his privity of estate with the landlord ;°"'' and there is no reason for holding that the assignee of an undivided interest in a leasehold is liable in proportion to his possession which does not create the liability, and not in pro- portion to his estate, which does.^"^ In an extreme case an assignee '^^ Smith V.
What to read after A Treatise On the Law of Landlord And Tenant, in Continuation of the Author's Treatise On the Law of Real Property?
You can find similar books in the "Read Also" column, or choose other free books by Jones, Leonard A. (Leonard Augustus), 1832-1909 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
320, 17 Pac.
451.
633 EIGHTS AKD LIABILITIES OF PARTIES. [§ 458 to acept the lease.^"* The devisee of an unexpired term, who does not enter upon the demised premises nor in any way signify his intention to accept the lease, is not liable for the rent. When one becomes assignee of a lessee by operation of law, he is not, in general, charge- able with the performance of the covenants of the lease until he enters or does some act showing his acceptance. He may accept without entry, but he is not c...ompelled to take the assignment.^'*^ A devisee is an assignee in law, and, never having entered upon the d;emised premises, nor done any act to signify acceptance of the lease, would not be liable as assignee upon the covenants of the instru- ment.^*" § 458. An actual entry by an assignee upon the demised premises is not necessary in order that he should be bound by the covenant to pay rent, for, by accepting an interest under the conveyance, he incurs the responsibility connected with the estate.^^^ The cases decide that the assignee of the whole premises is liable for the rent of the whole, though only in possession of a part f^^ that the assignee of a separate part is liable for rent only of the part assigned;^"* that rent is due from the assignee of a lease only by virtue of his privity of estate with the landlord ;°"'' and there is no reason for holding that the assignee of an undivided interest in a leasehold is liable in proportion to his possession which does not create the liability, and not in pro- portion to his estate, which does.^"^ In an extreme case an assignee '^^ Smith V.
What to read after A Treatise On the Law of Landlord And Tenant, in Continuation of the Author's Treatise On the Law of Real Property?
You can find similar books in the "Read Also" column, or choose other free books by Jones, Leonard A. (Leonard Augustus), 1832-1909 to read onlineMoreLess
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