Lessee of Devacht v. Newsam
Ohio Supreme Court
This was a case adjourned from Gallia county, upon a motion for a new trial, in an action of ejectment, where the jury found a verdict for the defendant.
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This was a case adjourned from Gallia county, upon a motion for a new trial, in an action of ejectment, where the jury found a verdict for the defendant. At the trial the plaintiff gave in evidence that he rented the lot in question, No. 59, in the town of Gallipolis, to one Cooper, by parol, in the year 1822, who took possession under the lease, and afterward rented the same lot to the defendant, and put him in possession, under a like parol agreement to perform the conditions of the lease from Devaeht, the plaintiff’s lessor. The defendant then proved to the jury that in the year 1796,' one…
1Opinion of the Court
By the Court :
Both the plaintiff and defendant, in this case, claim upon a possessory title; neither of them pretend to be invested with the original right. The lessor of the. plaintiff being in possession, made a lease of the lot for one year, and the defendant came into possession under the lease. The plaintiff, therefore, insists upon the benefit of the rule, that a tenant, or person coming in under him, shall not be permitted to dispute the title of the landlord, or set up any objection to the right under which he entered. The defendant answers this position by claiming the benefit of…
2Cited by1 opinion
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