White v. Stuart, Buchanan & Co.

Citations

• 76 Va. 546
• 1882 Va. LEXIS 59

Syllabus

<p>1. Joint Tenants—Fonts and profits.—Occupying tenant is liable to their excluded co-tenants, for a reasonable rent for the common property in the condition it was when he took possession. Such is the rule in Early and Wife v. Friend and als., 16 Gratt. 21, which overruled the English doctrine. He is not accountable for issues and profits actually made by the application of his labor, skill, and capital to the common property.</p> <p>2. Idem.—In ascertaining what is reasonable rent,-where the report of the master is concurred in by court below, this court will not reverse except in case of palpable error.</p> <p>3. Idem—Abatement.—In absence of express covenant to pay rent, tenant i$ not liable for same, where the premises are destroyed—whatever the rule may be in case of such express covenant.</p> <p>4. Idem— Case at bar.—S B & Co. being joint tenants of King’s Salt Works with the representatives of J W, deceased, and in possession under an expired lease, held over, without consent of those representatives, from 1st January, 1861, until 1st January, 1869. Under decree to ascertain what would be a reasonable annual rent for S B & Co. to pay those representatives, during that period under the circumstances, and what payments they have made thereon, and to compel S B & Co. to pay them their proper portion thereof, there was a report of the master to whom the cause was referred, to which both parties filed exceptions, and from the decree of the court below thereon, there was an appeal to this court.</p> <p>Held:</p> <p>1. Had King’s Salt Works been rented out in 1860 in anticipation of the expiration of the lease to P, it would have been for five years from 1st January, 1861, and none could have anticipated the extraordinary demand for salt resulting from the effectual blockade of the southern ports; and it is safe to say that the yearly rent would not have exceeded that stipulated for in the previous leases. After 1862, no renting could have been effected, except fo