72 Minn. 294 | Minn. | 1898
This is an action of ejectment for a quarter section of land. Deféndant in his answer admits that he is in possession, and, in effect, denies plaintiff’s title, and claims to be the owner himself. On the trial defendant had a verdict, and from an order denying a new trial plaintiff appeals.
On the trial defendant sought to prove that he had been in adverse possession of the premises for 15 years prior to December 29,
We are of the opinion that, under these circumstances, he was estopped to deny plaintiff’s title.
“It is a well settled general rule, that a lessee cannot deny the title of his landlord, and this rule applies whether the tenant was in possession before the lease was made or not.” 1 Wood, Landl. & T. § 232; Lucas v. Brooks, 18 Wall. 436.
Conceding that the tenant may avoid this estoppel on the ground of fraud or mistake, and conceding, without deciding, that this defendant might have done so under the pleadings in this action, we are clearly of the opinion that the evidence does not warrant a verdict in his favor on any such ground. He testified on the trial that he cannot read English, and claimed that he did not understand what the lease and contract meant; but this claim can be given no weight under the circumstances. Unless he was non compos, he could not have gone on for two years making leases and notes, paying them and paying rent, without knowing what he was
This disposes of tbe case, and renders it unnecessary to consider tbe other questions raised.
Tbe order appealed from is reversed, and a new trial granted.