United States National Bank v. Miller

Tbe deed does not purport to convey an after-acquired interest. It contains no covenants, guarantees, recitals or warranties either as to tbe interest owned by defendant or so as to protect tbe grantee therein in its future enjoyment. At tbe time tbe deed was made defendant bad an interest in tbe real property described. His interest was a leasehold interest but was nevertheless an interest in real property. A lease is defined by Professor Devlin as:

“ * * A conveyance of lands and tenants by a person for life or years, * * Devlin on Real Estate (3 ed.), 23, §13.

Defendant therefore bad an…