20 S.E.2d 912 | Ga. | 1942
Where the petition shows that the relation of landlord and tenant exists between the parties, the issuance of a warrant to dispossess the tenant will not be enjoined. The rule that a tenant while in possession can not set up a title to the rented premises in opposition to that of his landlord is applicable although at the time the rent contract was made the tenant was in possession, claiming title to the premises. A suit by the tenant to cancel a deed conveying the premises to the landlord is an attack upon the title of the landlord, and is inhibited by the foregoing rule. The tenant is also thereby estopped to assert title acquired by him during such tenancy, while retaining possession.
By the amendment the petitioner seeks to set forth title acquired subsequently to the time when he entered possession as tenant under the rent contract in 1940. Whether or not the deeds attached to the amendment would show any title whatever, the petitioner is estopped from asserting that title without having surrendered possession. Williams v. Garrison,
Judgment affirmed. All the justices concur. *208