Higgenbotham v. Topel

— Two questions are presented:(1) Is a devisee under a will, who receives wheatland encumbered by a lease that requires the lessor to pay the lessee for summer fallow upon expiration of the lease, liable to the lessee for such payment?(2) Upon expiration of the lease, is a contract purchaser of the land and assignee of the leases hable over to his assignor for the original lessor’s obligation to pay the lessee for summer fallow in the absence of an express agreement to do so?

We answer “yes” to (1) and “no” to (2).

Defendant, Bernard J. Topel, Catholic Bishop of Spokane, a corporation, acquired…