1 Iowa 111 | Iowa | 1855
In tbe cpnsideration of this case, it is proper to first give a construction to tbe language used in the bill of exceptions. If tbe rent was due before tbe assignment of tbe reversion to tbe defendant by tbe plain
The reasonable presumption, perhaps, is, that this plaintiff was in possession of the premises as a tenant at willi There is no claim-that he held for years, or any greater estate; and being there with the consent of the landlord, our law provides, that in the absence of any contrary showing, it will be regarded as a tenancy at will. Code, § 1208. But, whether so or not, if this rent accrued and became due after the purchase by the defendant, in the absence of any agreement otherwise, between the vendor and vendee, then plaintiff became the lessee of the defendant, and was liable to him for the rent, without any new agreement ,or lease. The
Without referring to authorities in'detail on tbe subject of defendant’s right to recover for tbe rent, independent of a new lease or agreement, it may be-proper to-advert to a few that recognize tbe doctrine. In tbe case of Howland v. Coffin, 12 Pick. 126, this point was expressly ruled. There, one B. leased to R. for a term of years; R. sold to Coffin all bis interest, and B. sold to Howland all bis right in and to tbe premises. In a suit by Howland to recover tbe rent in bis own name, it was held, that by the assignment or purchase of tbe reversion, tbe vendee became entitled to all tbe rights of tbe vendor or lessor. Tbe rent was held to be an incident to tbe reversion, and tbe right of action perfect in tbe purchaser of such reversion. So in tbe case of Willard v. Tillman, 2 Hill, 274, suit was brought by tbe assignee of the lease, who, however, did not purchase tbe reversion. In sucb case, a doubt was expressed by BroNSOít, J., in delivering the opinion, whether there was sucb privity of contract, let alone privity of estate, between the assignee and lessee, as would take it out of tbe general rule of tbe common law, which declared that cboses in action are not assignable. But tbe right of sucb assignee, even in sucb a case, to sue in his own name, having been before settled by that court, in tbe case of Demarest v. Willard, 8 Cowen, 206, it was so recognized in this case in 2 Hill, 274. In case the reversion passed, however, it is stated, in express words, that
And we further suggest, that these views, and tbe right -of tbe vendee to sue in bis own name, independent of any express agreement between him and tbe lessee, may well be maintained by tbe spirit and letter of our Code, which provides, that civil actions must be prosecuted in tbe name of tbe real party in interest. If tbe right of tbe vendor to ■control tbe property is gone, and tbe vendee becomes entitled to tbe incidents, as well as tbe reversion, be is, in fact, 'the real party in interest, and as such would be tbe proper person to prosecute for tbe rent. In recognizing such right, however, in tbe vendee, we, of course, are not understood ■as denying to tbe lessee, any rights that may have grown up to him before tbe sale or notice thereof.
If tbe above views are correct, it follows, that, whether this was as estate at will, or any other leasehold interest, if the rent accrued and became due after tbe purchase, tbe ven-dee bad a right to recover for tbe -same in bis own name. If at will, without stipulation as to tbe amount of tbe rent, 'then be could recover for tbe use and occupation of tbe ‘premises after bis purchase. If not at will, but for years, and a stipulated rent was reserved, then it passed witb tbe land, as an incident to tbe reversion, in tbe absence of agreement otherwise, and tbe owner of tbe land could recover for Such rent subsequently becoming due. That there was no agreement otherwise in this case, is evident, from tbe fact 'that tbe record shows, that tbe vendor consented and pro•cured tbe assent of tbe lessee, to accept tbe vendee in tbe place and stead of such vendor.
But let us look at tbe case, without reference to tbe above principles, in view of .the agreement. ‘The objection to tbe recovery of tbe vendee, as, held by tbe court below, was, that tbe defendant was not present when plaintiff agreed to ■accept and receive him as bis landlord. It appears, that
Judgment reversed!