Smiley v. Van Winkle
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action against P. W. Van Winkle, H. W. Halleek and A. C. Peachy, for the rent of certain premises leased by plaintiffs to John Middleton, the lease being by him assigned to Henry Haight, by whom it was assigned to J. L. Folsom; the defendants being appointed executors of the latter shortly after his death, and having held the premises as such executors for the time for which the rent is sought to be…
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Appeal from the Superior Court of the City of San Francisco. This was an action against P. W. Van Winkle, H. W. Halleek and A. C. Peachy, for the rent of certain premises leased by plaintiffs to John Middleton, the lease being by him assigned to Henry Haight, by whom it was assigned to J. L. Folsom; the defendants being appointed executors of the latter shortly after his death, and having held the premises as such executors for the time for which the rent is sought to be recovered. The complaint sets forth in full the lease from the plaintiffs to John Middleton, in which it is recited that…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.
The question presented by this case, say the learned counsel for the appellants, is, “whether executors who have entered into and possessed a leasehold estate of which their testator was assignee, are liable for the rents accruing during the possession as assignees de bonis propriis."
Were this the only question, we would have no difficulty in deciding it in the affirmative, but the facts of the case present a somewhat different inquiry.
The conveyance by Smiley et al.,…
2Cited by12 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Sexton v. Chicago Storage Co.Illinois Supreme Court · 1889
- Jeffers v. Easton, Eldridge & Co.California Supreme Court · 1896
- Easley Coal Co. v. Brush Creek Coal Co.West Virginia Supreme Court · 1922
- Jordan v. ScottCalifornia Court of Appeal · 1918
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