Stott v. Rutherford
92 U.S. 107

Annotate this Case

U.S. Supreme Court

Stott v. Rutherford, 92 U.S. 107 (1875)

Stott v. Rutherford

92 U.S. 107

Syllabus

1. The words "grant" and "demise" in a lease for years create an implied warranty of title and a covenant for quiet enjoyment.

2. Where the lessors executed a lease and demised the lands in their own names, and not as agents, and the covenants of the lessee were all to them personally, and he entered into the lands and remained in possession during the time specified in the lease, held, notwithstanding the recital in the lease that "the lessors were acting as a church extension committee by authority and on behalf of the General Assembly of the Presbyterian Church, Old School," that the lease was competent evidence in an action brought by the lessors in their individual right to recover the rent, and that the lessee, having had the full benefit of the contract, could not dispute the title of the lessors. Held further that the recital is not inconsistent with a holding of the

Page 92 U. S. 108

legal title by the lessors in trust to enable them to better discharge their duties touching the property, and, as their act presupposes the prior act necessary to make it effectual, every reasonable presumption is to be made in favor of the validity of the lease.

Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.