McDevitt v. Sullivan

Citations

• 8 Cal. 592

Syllabus

<p>A tenant may show that his landlord's title has terminated, or that his attornment was made under mistake of fact, or by fraud.</p> <p>Where the owner of mortgaged premises leases the same for a term of years, and the rent is paid in advance by the tenant: Held, that the purchaser, under the mortgage-sale, can require the tenant to pay the rent over again to him.</p> <p>After sale, and before the term of redemption has expired, the purchaser is entitled to collect the rents.</p> <p>Where a tenant finds that there are adverse claimants to the property, he should file a bill of interpleader, making all the adverse claimants parties thereto, and offer to pay the rents into Court, to abide the ultimate decision of the case.</p>