Williams v. Wait

Citations

• 2 S.D. 210
• 49 N.W. 209
• 1891 S.D. LEXIS 23

Syllabus

<p>1. Following- the precedents of the territorial supreme court, and ffir reasons stated, held, that an appeal will not be dismissed because taken before the costs and disbursements in the court below are taxed and inserted in the entry of the judgment appealed from.</p> <p>2. In an1 action of forcible entry a.nd detainer, to recover possession of leased premises from the tenant after the expiration of his lease, the lease itself, until attacked, sufficiently proves the landlord’s title.</p> <p>8. When a party in possession as owner makes a deed to another, and takes from him a lease of the demised premises, agreeing to pay rent, and to surrender the same upon the expiration of the term, he cannot, in an action by the landlord to recover possession, without first impeaching the validity of the lease, controvert the landlord’s title by evidence that he made the deed under the coercion of menace and duress.</p> <p>4. In order to so dispute his landlord’s title, and set up his own against it, he must first show that he accepted the lease in mistake, or that he w.as induced to accept it under such circumstances as would justify a court of equity in setting' it aside.</p> <p>5. The mere fact that the tenant has a better title than his landlord does not alone raise a presumption that the lease was a fraud or accepted by ■ mistake.</p> <p>(Syllabus by the Court.</p>