title:
Geo McGlauflin and L B Handley Plaintiff in error vs N F Holman, Rosamond Holman and Pheobe B Green, Defendants in error, Brief of Plaintiffs in error.
title:
6
creator:
George McGlauflin
creator:
L. B. Handley
contributor:
Turner
contributor:
Forster
contributor:
Turner
date:
1890-05-12
publisher:
Washington State Supreme Court
type:
Civil
subject:
Real Property
subject:
Contracts
language:
eng
format:
application/pdf
description:
Prior History: Appeal from District Court, Spokane County.Action by N. F. Holman, Rosamond Holman and Phoebe B. Green against George McGlauflin and F. B. Handley, to recover possession of certain premises in the city of Spokane Falls. Defendants held possession under a lease for three years from one Henry L. Tilton, given them on the 15th day of May, 1888, properly signed, sealed and witnessed, but not acknowledged. The defendants took possession under the lease, paid rent to the lessor and erected a blacksmith shop thereon. Said Tilton sold the premises to plaintiffs, who had knowledge of defendants' possession under the agreement and instrument executed by Tilton, and plaintiffs received rent from defendants. Verdict and judgment for plaintiffs, and defendants appeal.
description:
Landlord and Tenant – Defective Lease – Specific Performance – Where a tenant, under the terms of a lease which is invalid because not acknowledged, but is otherwise sufficient, enters into possession of premises, makes improvements thereon and pays rent therefor, he is entitled to specific performance of the terms of the defective lease, as against a subsequent vendee of his lessor, who takes with actual knowledge of such tenant’s rights.
relation:
McGlauflin v. Holman, 1 Wash. 239 (1890)
relation:
24 P. 439
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf