City Garage & Sales Co. v. Ballenger

The lease of real estate for a term of years, reduced to writing and signed by the parties, passes an interest ox-estate in lands. In the absence of restrictions in the lease, the lessee may assign his right and title under the lease. Failure to state in terms that the grant is to the lessee, “his successors or assigns,” does not cut off the right of assignment. The right exists in the absence of stipulations to the contrary. Maddox v. Westcott, 156 Ala. 492, 47 So. 170, 16 Ann. Cas. 604. A stipulation that the premises should not be relet, or the lease should not be assigned, without the…