Locke v. Frasher's Adm'r

Citations

• 79 Va. 409
• 1884 Va. LEXIS 96

Syllabus

<p>1. Unlawful Detainer—Equitable Defence.—In this action, as well as in ejectment, under plea of not guilty, defendant can avail himself of defence provided by Code 1873, ch. 131, § 20, but only when “there is a writing stating the purchase and the terms thereof, signed by the vendor or his agent.” Dodson v. Culpepper, 23 Gratt. 355.</p> <p>2. Idem—Landlord and Tenant—Denial of Title.—The general rule that tenant cannot deny landlord’s title, is not varied when tenant is in actual possession at the time he accepts the lease. Emerick v. Tavener, 9 Gratt. 223-4.</p> <p>3. Idem—Fraud or Mistake.—Person possessing and claiming title to land, by mistake supposes another to have better title, and takes a lease from him. In action by lessor to recover possession, tenant may set up such mistake and show he had good title to the land; provided, such mistake was induced by the lessor through misrepresentations amounting to fraud. Alderson v. Miller, 15 Gratt. 279.</p> <p>4. Idem—Purchase—Lease.—One in possession under agreement to purchase, cannot be ousted before his lawful possession is determined by demand or otherwise. (Williamson v. Paxton, 18 Gratt. 491). Yet such possession may be determined by the acceptance of a lease.</p>