Lemmon v. United States

Citations

• 106 F. 650
• 45 C.C.A. 518
• 1901 U.S. App. LEXIS 3605

Syllabus

<p>1. Possession of Tenant — Evidence.</p> <p>Upon the issue whether or not third persons in possession of leased premises during a certain term were holding under the lessee, testimony that they were holding under void leases from other parties for which they paid the rent, and the void leases themselves, are competent evidence.</p> <p>S. Agency — Evidence.</p> <p>One who has no knowledge of a contract of agency between a principal and an alleged agent, no knowledge of any authority from her to the agent, and no knowledge of any assent by her to any act of her alleged agent in her behalf, is incompetent to testify to the alleged agency.</p> <p>3. Trustee — Estopped.</p> <p>A trustee authorized to collect rents for, and to distribute them among, his cestuis que trustent, who directs the occupants of trust lands to pay the rents for a term to a representative of the cestuis que trustent, is thereby estopped from collecting rents for the same premises for the same term from a lessee to whom he does not deliver possession.</p> <p>4. Lands in the VVinnf.isaoo Indian Reservation Held in Trust.</p> <p>The United States hold the lands in the Winnebago Indian reservation an Nebraska in trust for the Winnebago tribe of Indians and its members, .and they are the parties entitled to the use, benefit, rents, and profits thereof.</p> <p>'(Syllabus by the Court.)</p>