Harvin v. Blackman

Citations

• 112 La. 24
• 36 So. 213
• 1904 La. LEXIS 364

Syllabus

<p>LANDLORD AND TENANT — ESTOPPEL—LEASERES JUDICATA.</p> <p>1. A tenant cannot be permitted to dispute his lessor’s title as long as he continues in possession. Hanson v. Allen, 37 La. Ann. 732.</p> <p>2. A contract of lease not only implies a recognition of the lessor’s title, but a promise to surrender the possession to him on the termination of the lease. Hence a lessee, while retaining possession is estopped to deny his lessor’s rights. Rector v. Gibbon, 4 Sup. Ct. 608, 111 U. S. 284, 28 L. Ed. 427.</p> <p>3. Judgments against a tenant for rent and eviction, while not technically res judicata, because the delay for taking a devolutive appeal had not expired, preclude any further action by the same court on the matters litigated, the sole remedy of the party cast being by appeal. Trescott v. Lewis, 12 La. Ann. 197.</p> <p>4. Such judgment of eviction is conclusive of the relation of landlord and tenant, of the existence and validity of the lease, and of the landlord’s right to regain possession. Black on Judgments, § 661a.</p> <p>(Syllabus by the Court.)</p>