Harris v. Foster

Citations

• 97 Cal. 292
• 32 P. 246
• 1893 Cal. LEXIS 535

Syllabus

<p>Landlord and Tenant — Lease Subject to Mortgage—Rent—Payment in Advance — Action by Purchaser—Use and Occupation. — Where one of two co-owners of a tract of land mortgaged bis interest therein, and the mortgage had been recorded and a judgment foreclosing it had been entered prior to the leasing of the land by a third party, the lessee will be held to have accepted the lease with knowledge of the rights of the mortgagee under the mortgage and the judgment foreclosing it, and he is liable to the purchaser under the foreclosure sale for one half of the value of the use and occupation of the premises from the date of the purchase; and the fact that the lessee paid the rent in advance for the term is no defense to an action by the purchaser to recover bis share of the value of the use and occupation.</p> <p>Id. — Use by Tenant Holding over.—Where the lessee continues in possession of the premises after the expiration of the lease, he does not cease to be a tenant in possession, or acquire any right to use the property without paying for it, and he is liable to a purchaser under the foreclosure of a mortgage upon a half-interest in the premises, made prior to the lease, for one half of the value of the use and occupation of the premises for the period during which he held over.</p>