Lobdell v. Mason

Citations

• 71 Miss. 937

Syllabus

<p>1. Lease of Land by Agent. Verbal authority. Code 1880, % 1180, 1292.</p> <p>Notwithstanding ? 1180,. code 1880, in the chapter on letters of attorney, declaring valid “conveyances of land, or contracts relating thereto,” provided they are executed by an agent authorized by writing duly acknoivledged, an agent verbally authorized may, under the statute of frauds, § 1292 of said code, execute a written contract binding his principal to make a lease of land for more than one year. Curtis v. Blair, 26 Miss., 309, explained.</p> <p>2. Same. Authority of agent. Code 1880, § 1188. Equitable right.</p> <p>Since, under § 1188, code 1880, a lease of land for more than one year must be by deed, the appointment of an agent to make it must be by deed. Therefore, an instrument executed by an agent who is only verbally authorized, purporting to rent land for more than one year, is invalid as a lease for the time over one year. But, in equity, it is good as a contract binding the principal to execute a lease.</p> <p>3. Unlawful Detainer. Possession. Equitable right. Code 1892, ? 4461.</p> <p>The action of unlawful entry and detainer under § 4461, code 1892, beingpossessory only, and not involving title, will not lie against one who has entered under a lease valid for one year, and holds under a contract en-forcible in equity against the plaintiff as a lease for a longer period.</p>