McKissick v. Ashby

Landlord and Tenant—Action foe Possession at Expiration of Teem— Pleading—Sufficiency of Complaint. — A complaint which alleges in substance that plaintiff had leased certain premises to defendant yearly, at a certain annual rent; that before the expiration of the last year he notified defendant that he would not renew the lease, and requested him to surrender and vacate the premises, which he refused and still refuses to do, and has withheld and still withholds the possession thereof, to plaintiff’s damage in a specified sum, and has failed and refused to pay the rent for the last year, and praying judgment for possession of the premises, damages, and rent due, states a cause of action, and is sufficient to support findings and judgment for the plaintiff.

Id.—Averment of Possession—Demurrer. — The averment that defendant has withheld and still withholds the possession of the premises from the plaintiff implies that plaintiff is in possession, and is a sufficient averment of that fact as against a general demurrer, in the absence of a demurrer that the complaint, is ambiguous or uncertain in that regard.

Id.—Yearly Lease—Tenancy at Will—Expiration of Eixed Term.—The averment that defendant leased the lands to plaintiff from year to year, commencing on the first day of March, 1886, down to the first day of March, 1889, for a specified rent, which defendant promised and agreed to pay plaintiff annually therefor, does not show a tenancy at will, but a tenancy for a fixed term which expired March 1, 1889.

Id.—Right of Re-entry—Notice to Quit—Demand of Possession.—A landlord who has leased premises for a fixed term has a right to re-enter upon the expiration of the term, and to maintain an action for possession without previous notice to quit, or demand for possession after the expiration of the term.

Id,_Estoppel of Tenant to Deny Landlord’s Title__A tenant who is holding over after the term cannot deny Ms landlord’s title without first surrendering to him the possession.

Id__Evidence—Occupancy of Tenant—Withholding of Possession. —In an action by a landlord to recover the possession of premises held by a tenant after the expiration of the term, it is proper for the plaintiff to show that the defendant continued in the occupancy of the land and was withholding its possession from him.

Id. — Pboof of Plaintiff’s Title — Pbiobtty with G-ovebnment—Entby of Desebt Lands—Ceetificate of Begisteb. — Such action could be maintained without a showing of priority with the government; and it cannot be error prejudicial to the defendant for plaintiff to be permitted to prove his priority with the government of the United States, by producing in evidence a certificate of the register of the local land office showing an entry of the lands in question as desert lands, and a conveyance to the plaintiff from the person entering the same, instead of producing a certified copy of the certificate of purchase or receiver’s receipt from the general land office.