Barnett v. Lewis

Duckworth, Justice.

The amended petition seeks injunctive relief and cancellation of a deed. Both constitute disputes of the title of defendants Lewis and George. The entire amended petition immediately encounters the long-established and well-recognized principle of law found in the Code, § 61-107, which declares: “The tenant may not dispute his landlord’s title nor attorn to another claimant while in possession.” This rule estops the tenant from disputing his landlord’s title so long as he is in possession. It does not prevent him from attacking the title of his former landlord, but requires…