Worthington's Lessee v. Etcheson
U.S. Circuit Court for the District of District of Columbia
The plaintiff was a purchaser of the property at a sale under a decree of foreclosure of a mortgage made by John Threlkeld, who had made a lease for life to one Riffle, but the lease was not recorded, and therefore operated only as a lease from year to year, at the will of the parties.
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The plaintiff was a purchaser of the property at a sale under a decree of foreclosure of a mortgage made by John Threlkeld, who had made a lease for life to one Riffle, but the lease was not recorded, and therefore operated only as a lease from year to year, at the will of the parties. Riffle died, and the defendant Margaret was his daughter and heir at law, and upon the death of her father, entered upon the property. contended that the plaintiff could not recover because his lessor, Charles Worthington, is dead.
1Opinion of the Court
The Court,
however, said that the death could not be taken advantage of, upon the general issue.
The (Court, Cranch, C. J., giving no opinion,) said that in order to show possession in the lessor of the plaintiff, it was- sufficient for the plaintiff to show possession in Threlkeld, and his death.
The counsel for the defendants contended that the plaintiff could not recover without showing notice.to the defendants to quit; but
The Court decided that the defendants were to be considered as intruders; and therefore not entitled to such notice.
Verdict for plaintiff.
2Cited by5 opinions
- Moseby v. BurrowTexas Supreme Court · 1880
- Milne v. MoretonSupreme Court of Pennsylvania · 1814
- Kelly v. . CrapoNew York Court of Appeals · 1871
- Weider v. MaddoxTexas Supreme Court · 1886
- Topham v. ChapmanSupreme Court of South Carolina · 1817