Watson v. Fletcher

This was an action of forcible detainer, brought by the assignee of the lessor, against the assignee of the lessee, on the ground that the lease had been forfeited by the non-payment of taxes which the lessee had covenanted to pay. The land had been sold in 1867 for the taxes of 1866. In March, 1868, Allen, the original lessor, assigned the lease to the plaintiff, Watson, having, a few days before the assignment, accepted from the defendant a year’s rent in advance. The acceptance of the year’s rent in advance and the assignment of the lease, were, undoubtedly, a waiver of the forfeiture.…