Shirk v. Adams

BAKER, Circuit Judge.

In this action the Shirks had judgment against Adams for rent, taxes, assessments, and attorney’s fees under the provisions of a lease that he had assumed; but they were defeated in their effort to recover the amount of certain insurance premiums paid by them, and this writ of error resulted.

The ground and the building thereon originally belonged to one Smith. He conveyed the ground to the Shirks, but reserved the title to the building. Thereupon the Shirks executed to Smith a lease of the ground. Among the covenants on the part of the lessee were *442these: That he would not…