Alsup v. Banks

Citations

• 68 Miss. 664

Syllabus

<p>1. Landlokd and Tenant. Death of lessee. When lease not terminated.</p> <p>A lease of land, where there is nothing in the contract requiring the personal presence of the lessee, is not terminated by his death. Though this occurs the first year in a lease for five years, his estate is liable for rent dur.ing the entire term. ,</p> <p>2. Same. Surrender by administrator of lessee. Recovery of rent.</p> <p>In such a case the administrator of the lessee notified the lessors of his purpose to abandon the lease, to which they demurred ; but they rented the land to another for the best price obtainable, first notifying the administrator that they would do this, and of their intention to hold the estate of the lessee for any deficiency- in the rents. On these facts, in a suit for such deficit, held, that there was no cancellation of the contract, and that the lessors could recover.</p>