Cotenancy And Partition a Treatise On the Law of Co Ownership As It Exists Inde
Cotenancy And Partition a Treatise On the Law of Co Ownership As It Exists Inde
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Here, it will be noticed, that the warranty has relation to the right, (as all covenants for title have, ) uot the possession; and also, that the advantage it promises one is nothing to the other, no community of right or title subsisting between them. But where a covenant with tenants in common respects their possession, the case is changed, and all are jointly concerned, since their possession to which it is accessory is joint, and the benefit proposed the same to each. "^ A covenant made by ...a lessee in favor of his lessors, who are tenants in common, that he will keep the premises in repair, is a covenant in which all the lessors have a joint interest. They are therefore required to bring a joint action for damages occasioned by a breach of such covenant. This is true although the lease iu which the covenant was in- serted reserves rent payable to the several owners in propor- tion to their respective interests. In discussing this question, the Supreme Court of the United States said: "The instni- ment on which the plaintiffs instituted their suit was a lease from the plaintiffs and vai'ious other persons interested iu different proportions in the property demised, and by the terms of which lease rent was reserved and made payable to the several owners in the proportion of their respective in- terests.
What to read after Cotenancy And Partition a Treatise On the Law of Co Ownership As It Exists Inde?
You can find similar books in the "Read Also" column, or choose other free books by A C Abraham Clark Freeman to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Here, it will be noticed, that the warranty has relation to the right, (as all covenants for title have, ) uot the possession; and also, that the advantage it promises one is nothing to the other, no community of right or title subsisting between them. But where a covenant with tenants in common respects their possession, the case is changed, and all are jointly concerned, since their possession to which it is accessory is joint, and the benefit proposed the same to each. "^ A covenant made by ...a lessee in favor of his lessors, who are tenants in common, that he will keep the premises in repair, is a covenant in which all the lessors have a joint interest. They are therefore required to bring a joint action for damages occasioned by a breach of such covenant. This is true although the lease iu which the covenant was in- serted reserves rent payable to the several owners in propor- tion to their respective interests. In discussing this question, the Supreme Court of the United States said: "The instni- ment on which the plaintiffs instituted their suit was a lease from the plaintiffs and vai'ious other persons interested iu different proportions in the property demised, and by the terms of which lease rent was reserved and made payable to the several owners in the proportion of their respective in- terests.
What to read after Cotenancy And Partition a Treatise On the Law of Co Ownership As It Exists Inde?
You can find similar books in the "Read Also" column, or choose other free books by A C Abraham Clark Freeman to read onlineMoreLess
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