Byrne v. Beeson
Michigan Supreme Court
In error on certiorari from two justices of the peace for tbe county of Berrien. This was a proceeding under the statute “ Of forcible entry and detainer,” (R. S. 490,) and the act amendatory thereto. (S. L. 1840, p. 83.) Beeson filed, before said justices, a complaint against Byrne for holding over possession, as his tenant, of a certain quarter section of land leased to him, contrary to the terms and conditions of the demise.
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In error on certiorari from two justices of the peace for tbe county of Berrien. This was a proceeding under the statute “ Of forcible entry and detainer,” (R. S. 490,) and the act amendatory thereto. (S. L. 1840, p. 83.) Beeson filed, before said justices, a complaint against Byrne for holding over possession, as his tenant, of a certain quarter section of land leased to him, contrary to the terms and conditions of the demise. Byrne was duly summoned, and appeared to answer to the complaint. The counsel who appeared for him, claimed also to appear for one Adderly, and to assert his rights in…
1Opinion of the CourtFelch, J.
The principle is well settled that a tenant admits the title of the landlord under whom he holds, and cannot attorn to a third person, without the landlord’s consent. Jackson v. Brush, 20 John. R. 5. And when the relation óf landlord and tenant once attaches, it binds all who may succeed to the possession, through or under the tenant, whether immediately or remotely. Jackson v. Harsen, 7 Cow. R. 323. Jackson v. Davis, 5 Cow. R. 123.
Byrne’s attornment to Beeson could, therefore, have been of no avail, if, at the time it was made, he was the tenant of Adderly, holding possession of the premises…
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