Farnum v. Hefner

Citations

• 79 Cal. 575
• 21 P. 955
• 1889 Cal. LEXIS 776

Syllabus

<p>Landlord and Tenant-— Lease — Covenant not to Assign — Execution Sale — Forfeiture. —The convenant of a lessee not to assign the lease applies only to a voluntary assignment, and is not broken by an involuntary assignment by sale of the lessee’s interest under execution; nor does any involuntary assignment of the lease work a forfeiture, unless expressly so declared in the lease, or unless a sale is submitted to in bad faith, or is brought about by the voluntary action of the lessee.</p> <p>Id. — Acknowledgment of Forfeiture by Lessee—Rights of Execution Creditor — Relation. — A lessee cannot acknowledge a forfeiture of the lease, after the levy of an execution upon his interest in the lease, so as to affect the rights of' the execution creditor. The title under the execution sale will relate back to the date of the levy as against such acknowledgment, especially if there does not appear to be any other ground or consideration for the acknowledgment than to defeat the rights of the execution creditor.</p> <p>Id. — Action for Conversion of Crop by Execution Purchaser—Evidence. — In an action of trover against an execution purchaser of the lessee’s interest for conversion of the lessee’s share of the crop, it is error to exclude from evidence the judgment roll in the action in which the execution was issued and levied upon the lessee’s interest; and it is also error to admit evidence of an acknowledgment of forfeiture by the lessee, made after the levy of the execution upon the lessee’s interest in the lease.</p> <p>Id. — Construction of Lease — Division of Crop. — In an action by a landlord against the purchaser of the lessee’s interest under execution sale, to recover damages for conversion of the crop under a lease providing that the whole crop was to be delivered to the lessor and remain his property until such delivery, and that two thirds of the crop should upon such delivery be immediately redelivered and transferred to the lessee, if it appears that a deliv