57 W. Va. 196 | W. Va. | 1905
This was an action of unlawful detainer brought by A. L. Stover against Lewis Davis to recover the possession of a. tract of fifty acres of land in Raleigh county. About the last of May or the first of June, 1902, defendant Davis was placed in possession of the house and premises to hold
The same rule is recognized in equity. Wilson v. Lord Townsend, 2 Ves. Jr. B. 693; Attorney General v. Lord Hotham, 3 Russ. R. 415.
“When once this relation of landlord and tenant is established by the act of the parties, it attaches to all who may succeed to the possession through or under the tenant, whether immediately or remotely, the succeeding tenant being as much bound by the acts and admissions of his pred
“If the landlord suffers it to run out without making an entry or blunging a suit, each party may stand upon their right; but until then the possession of the tenant is the possession of the landlord.
‘ ‘Tested by these principles, the purchase from Phillips in 1814 can have no effect on the merits of this case. Though the possession of Stith became from that time adverse for these specified purposes, it remained fiduciary for all others. He could not assert an adversary title without surrendering possession. The law recognizes him as'having no rights of • property in the lands unless such as grow out of his tenure; hip title must remain dormant, while he retains possession for a less term than prescribed by law; it may become active whenever he abandons the possession, or it is protected by the limitation.” Wilds' Lessee v. Serpell, 10 Grat. 405. The overwhelming weight of authorities sustain the proposition •that a tenant taking possession of land under any person is not at liberty to question the title of the person under whom he holds, nor to attorn to a third person. ' The action of unlawful detainer is a purely possessory action and does not go to the title. It matters not to the tenant how the land
There is no error in the judgment of the circuit court and the same is affirmed.
Affirmed.