Fox v. Brissa C.
California Supreme Court
Appeal from the Twelfth District. The locus in quo was owned by defendant at the time of the alleged trespass, his title coming from Edwards & Hackett by conveyance, in August, 1859. In November, 1853, Edwards & Hackett, being the owners, leased the premises to Miller for two years, the lease containing covenants, among others, that the lessee should not assign or underlet without the written consent of the lessors; and that if any of the covenants in the lease were…
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Appeal from the Twelfth District. The locus in quo was owned by defendant at the time of the alleged trespass, his title coming from Edwards & Hackett by conveyance, in August, 1859. In November, 1853, Edwards & Hackett, being the owners, leased the premises to Miller for two years, the lease containing covenants, among others, that the lessee should not assign or underlet without the written consent of the lessors; and that if any of the covenants in the lease were violated, the lease should be null and void, at the option of the lessors. Miller, without the consent of the lessors, assigned…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
This was trespass brought by plaintiff to recover damages for an entry upon real estate in his possession. The question involved is as to the right of the landlord to enter for a breach of covenant in the lease, and forcibly eject the tenant.
The early English authorities assert this right on the part of the landlord. But modern decisions, and the reason and policy of the law, are opposed to it. (See 4 Kent, 119 ; Taylor’s Landlord and Tenant, sec. 531; Sampson v. Henry, 11 Pick. 379.) The law gives ample redress, and a summary process for the vindication of the rights…
2Cited by5 opinions
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