139 Ga. 394 | Ga. | 1913
Mrs. M. B. Crawford, as administratrix of J. B. Crawford, sued out a dispossessory warrant to oust C. Z. Crawford as a tenant in possession of certain premises. The defendant file.d a counter-affidavit as provided in the statute, and the papers were returned to the superior court for trial.
Under the foregoing facts what was the status of C. Z. Crawford in his relation to the premises and to the administratrix of J. B. Crawford? According to his admission in the contract of settlement, he did not claim title to the premises, but only a right to the possession of the same for life in consideration of certain improvements he had erected thereon; and in the event J. B. Crawford or his estate took control of the premises, he was to be paid for his improvements. In the contract of settlement the value of these improvements was agreed upon, and it was stipulated that upon the consummation of the attached contract he would not claim any interest, title, or right in the estate of J. B. Crawford. As soon as the settlement was reached, steps were taken to consummate the agreement of the parties. In pursuance thereof the will of Nancy
An estate at sufferance, 'as defined by Blackstone (2 Bl. Com. *150), “is where one comes into possession of land by lawful title, but keeps it afterwards without any title at all. As, if a man takes a lease for a year, and, after the year is expired, continues to hold without any fresh leave from the owner of the estate.” A tenancy at sufferance arises where one enters into possession under a lawful demise, and his retention of possession after the expiration of his term is by the mere laches or neglect of the owner to take possession of the premises; where the entry is lawful, but the holding over is wrongful. Godfrey v. Walker, 42 Ga. 562; Willis v. Harrell, 118 Ga. 906 (45 S. E. 794); Sharpe v. Matthews, 123 Ga. 794 (51 S. E. 706); Purtell v. Parris, 137 Ga. 318 (73 S. E. 634). The admission of C. Z. Crawford is that he had only a usufructuary interest in the land, which was to continue for life unless-it were sooner determined by the owner taking possession of the same upon paying for improvements. A tenant for life, whose estate or right of possession is to terminate upon the happening of a contingency named, becomes a tenant at sufferance if he continues in possession after the happening of such contingency. 1 Tiffany on Landlord and Tenant, 152. The contingency contemplated in the contract was the consummation of the general contract of settlement between the parties interested in the estates of Nancy Crawford as legatees, and the widow of J. B. Crawford. According to the agreement,
Judgment affirmed.