Otero v. City of Albuquerque

Citations

• 22 N.M. 128
• 158 P. 798

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where a grantee fraudulently obtains possession of a deed placed in escrow and places the same of record, he obtains no title to the real estate therein described and can convey none. ' P. 131</p> <p>2. Where a tenant holds over after the expiration of his lease, without any express agreement, but with the assent of his landlord, he holds on the same terms as those of the original lease, including all the covenants thereof,, unless made inapplicable by changed conditions; hence, where the original lease bound tbe lessee to surrender possession of tbe premises “in as good condition as they now are,” with certain stated exceptions, and the lessee, after the expiration of the term therein named, continued in possession of the premises, with the assent of the landlord, he was bound to restore the premises to the landlord, when he surrendered possession, in as good condition as they were when the lease became effective, with the exceptions stated; no changed conditions appearing to render such provision inapplicable.</p> <p>P. 132</p>