McKeen v. Brooks
Montana Supreme Court
Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by J. L. McKeen and another against "John Brooks. From a judgment for defendant, and an order denying them a new trial, plaintiffs appeal. A sale of itself does not operate to terminate a tenancy. It does not matter to the tenant where the fee-simple title is vested. This rule of law has been established since feudal times. During the feudal times a sale terminated the tenancy if the tenant so desired.
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Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by J. L. McKeen and another against "John Brooks. From a judgment for defendant, and an order denying them a new trial, plaintiffs appeal. A sale of itself does not operate to terminate a tenancy. It does not matter to the tenant where the fee-simple title is vested. This rule of law has been established since feudal times. During the feudal times a sale terminated the tenancy if the tenant so desired. But if he attorned to the purchaser it did not so operate. This rule no longer exists. (Tiffany on Landlord & Tenant, pp.…
1Opinion of the CourtJustice Holloway
In May, 1912, John Brooks, the owner of certain real estate, leased the property to McKeen and Friedlein for the term of three years. The lessees were authorized, at their own expense, to inclose the property and to erect necessary buildings thereon to render it-available as an amusement park. The original cost of these improvements was $1,547.45, and the property was devoted to the purpose intended for the seasons 1912 and 1913. In April, 1913, Brooks sold the property, and in January, 1914, the purchaser demanded possession from the lessees, who thereupon surrendered possession and brought…
2Cases cited3 opinions
- Brown v. German-American Title & Trust Co.Supreme Court of Pennsylvania · 1896
- Baum v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
- H. T. C. R. R. Co. v. AnglinCourt of Appeals of Texas · 1907
3Cited by2 opinions
- Knauss v. HaleIdaho Supreme Court · 1942
- Berger v. JohnsonMontana Supreme Court · 1944