Beall v. White,
94 U.S. 382 (1876)

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U.S. Supreme Court

Beall v. White, 94 U.S. 382 (1876)

Beall v. White

94 U.S. 382


1. Under the Act of Congress approved Feb. 22, 1887, 14 Stat. 403, the lien of a landlord for rent has priority over a deed of trust made by his tenant after the commencement of the tenancy, whether the chattels covered by the deed were, when it was executed, upon the demised premises, or were subsequently acquired and placed by the tenant upon them.

2. A statutory lien attaching to personal chattels, although no possession of them be delivered, has the same operation and efficacy as existed at common law, where the possession accompanied and followed the deed creating the lien.

3. It is only where no rule of law is infringed and the rights of third persons are not prejudiced that courts of equity will, in certain cases, give effect to mortgages of subsequently acquired property.

4. A surrender to a landlord is effected either by words manifesting the intention of the lessee to yield up his estate or by operation of law where the parties, without such words, do some act which implies that they both agree to consider the surrender as made.

5. In this case, the court holds that there was no surrender, either express or by operation of law.

The facts are stated in the opinion of the Court.

Page 94 U. S. 383

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