Majority
p. 575Jackson, ex dem. Wills et al. against Stiles, Tucker, tenant.
Headnote
A tenant holding over after a lease expired, cannot controvert his landlord’s title.Nor, if he take a lease from a third person, on being ejected, will that third person be allowed to defend as landlord ?
The latter claiming under the ten-^“e’ater^right to a defence an^would^bñ entitled to.
Sudam, moved that Maria C. Gouverneur be admitted to defend in the place of Tucker, the tenant, who held by lease from her, he having refused to appear and defend.
T. J. Oakley, read an affidavit, shewing that Tucker originally took possession under a lease from one of the lessors of the plaintiff, Abu. 1,1821, and held under the same till the 1 st of May last, when the lease expired ; that Tucker had ever since continued to hold over against the will of the lessors ; and had taken a lease from Maria C. Gouverneur, of the premises in question, commencing on the first day of May.
The motion must be denied. The tenant was bound to surrender the possession to his original landlord, and cannot be permitted to controvert his title, or enable Miss Gouverneur to do this by taking a lease from her. We will not permit her to set Up any defence which the tenant could not. She has no right to be considered landlady for the purposes of such a defence.
Motion denied.