La Dow v. Arnold
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action against the assignee of a lease, for rent in arrear.. The complaint set forth a copy of the lease, which was dated April 25th, 1859, and was signed and sealed by the lessor only, and was in substance as follows: “ It is hereby agreed between Peter La Dow of the first part and James La Dow of the second part, as follows: The said Peter La Dow, in consideration of the rents and covenants herein specified, does hereby…
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APPEAL from the Circuit Court for Winnebago County. Action against the assignee of a lease, for rent in arrear.. The complaint set forth a copy of the lease, which was dated April 25th, 1859, and was signed and sealed by the lessor only, and was in substance as follows: “ It is hereby agreed between Peter La Dow of the first part and James La Dow of the second part, as follows: The said Peter La Dow, in consideration of the rents and covenants herein specified, does hereby let to said James La Dow the following piece, of land [describing it], for the term of two years from the first day of…
1Opinion of the Court
By the Court,
Paine, J.
We think the complaint in this case was substantially defective in not averring that the defendant took possession of and occupied the premises by virtue of the assignment. The plaintiff’s counsel conceded that the right of action must be based upon the occupation of the premises under the instrument assigned. There certainly can be no doubt of that, inasmuch as this action is against the assignee, and the instrument itself was but a deed poll, without any covenants by the lessee. The complaint avers the assignment to the defendant and that he af-terwards entered and…
2Cited by1 opinion
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