Barber v. Hatch

COBB, Judge.

This case was commenced by the filing of an eviction action by the lessor of realty against the lessee and a successor to the lessee, alternately and confusingly referred to throughout the evidence as sub-lessee and an assignee of the lease. The lease was a long-term lease of twenty years. The defense of estoppel was raised, and the “as-signee” counterclaimed for foreclosure of an equitable lien, which related to improvements he had made on the premises. The original lease contained a prohibition against assignment or sub-leasing without the written consent of the lessor.

At trial…