Flagg v. Geltmacher

Citations

• 98 Ill. 293
• 1881 Ill. LEXIS 256

Syllabus

<p>1. Landlord and tenant—attornment after recovery, for possession, is valid. Where a tenant, after the sale of the demised premises, attorns to the purchaser, but after a judgment against him for the recovery of possession in favor of his original landlord, in an action of forcible detainer, paid such landlord’s attorney one month’s rent, and agreed with such landlord to deposit all subsequent rents in the bank, the arrangement, whether fairly made or not, will amount to a valid attornment to the former landlord, and creates the relation of landlord and tenant between them.</p> <p>2. Trust deed—when payment by original grantor does not extinguish the debt or discharge lien. Where the owner of real estate, after having given a deed of trust thereon to secure the payment of a loan to him, conveyed the premises to another,.subject to the incumbrance, which the purchaser expressly agreed to assume and discharge, and he conveys to another, and he to a third purchaser in the same way: Held, that each of the subsequent purchasers became an original promisor for the payment-of the incumbrance, and accepted the place of an originaPmortgagor as to the condition of his title, and the original debtor became virtually a surety for the payment of the debt to the creditor, and had the right to pay the same when due, if he chose, without cancelling the debt as to them, or releasing the lien, and after such payment by him, to become the purchaser at the trustee’s sale.</p>