Leonard v. Burgess
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bode County. This was an action upon the defendant’s acceptance of an order drawn by A. Hyatt Smith for $241.55, to be paid by the defendant out of moneys which should become due from him to said Smith as the rent of certain premises.
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APPEAL from the Circuit Court for Bode County. This was an action upon the defendant’s acceptance of an order drawn by A. Hyatt Smith for $241.55, to be paid by the defendant out of moneys which should become due from him to said Smith as the rent of certain premises. The defense was, in substance, that Smith had conveyed his interest in said premises to one Myers before any -rent became due, and had also, by an instrument in writing, assigned to Myers the whole of the rent which was to become due after the date of such conveyance, and that the defendant had paid the whole of such rent to…
1Opinion of the Court
By the Court,
Cole, J.
As a general proposition it is undoubtedly true, that the grant of a reversion carries with it the rent due and accruing thereafter by the terms of the lease. The rent is usually considered merely as an incident to the reversion and passing with it as a part of the realty, when the grant is unqualified; and whoever owns the reversion when the rent falls due, is entitled to receive the entire sum. This doctrine is very well settled, and is elementary. Sometimes the reversion descends to the several heirs, or the lessor grants a part of the lands to one person, or the whole…
2Cases cited3 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Childs v. ClarkNew York Court of Chancery · 1848
- Crosby v. LoopIllinois Supreme Court · 1852
3Cited by5 opinions
- Skobis v. FergeWisconsin Supreme Court · 1899
- Evans v. EnloeWisconsin Supreme Court · 1888
- Imler v. BaenishWisconsin Supreme Court · 1889
- Shea v. McCauliffMassachusetts Supreme Judicial Court · 1904
- Wald v. BienOhio Superior Court, Cincinnati · 1913