Cheairs v. Coats

Citations

• 77 Miss. 846

Syllabus

<p>1. Landlord and Tenant. Eviction from, pairt of premises. Occupation of remaining part.</p> <p>The eviction of a tenant from a part of the leased premises, under a mortgage of which he had knowledge when taking the lease, does not entitle him to occupy the remaining part of the premises free from rent.</p> <p>2. Same. Apportionment of rent.</p> <p>A tenant evicted from a part of the leased premises during his term, under a mortgage of which he had notice when taking the lease, is liable for a due proportion of the rent for the part of the premises which.he continues to occupy.</p> <p>3. Same. Unlawful detainer. Evidence.</p> <p>It is competent for the landlord to show, in an action of unlawful de-tainer against his tenant refusing to pay rent, that the eviction from a part of the premises, of which the tenant complains, was under a mortgage on such part, of which the tenant had knowledge when taking the lease.</p>