8. Assignee's Right to Sue.--An assignee of a lease who has been recognized as such may sue in his own name for rent, although he has no interest in the reversion.1 A mortgagee of a term in possession is not liable as assignee upon the covenants of a lease.2 9. Liability of General Assignee General Assignee Liable for Use and Possession of Premises.--An assignee of a lessee who assigned the lease for the benefit of his creditors can only be charged with the value of the use of the premises.3 10. Administrator as Assignee.-An administrator of a lessee of lands for a term of years becomes assignee of the term in law, and is liable on the covenants of the lease until he is lawfully discharged of the estate, when the lands are demised to the lessee, his heirs and assigns.* 11. Privity Between Lessor and Assignee.-An assignment of the term by the lessce creates a privity of estate between the lessor and the assignce after the acceptance of the leasehold estate by the latter.5 a lessee depends on the privity of estate, and no suit can be maintained after he has assigned over for a previous breach of covenant. The remedy is in equity. Hintze v. Thomas, 7 Md. 346. 1. Moffatt v. Smith, 4 N. Y. 126; Watson v. Hankins, 13 Iowa 547. An assignment by the lessor of the rent of leasehold premises creates such a privity of estate between the assignee and the lessee, that the former may maintain a suit in his own name for the rent, which accrues and becomes payable while such privity of estate exists. Childs v. Clark, 3 Barb. Ch. (N. Y.) 52. If the lessor assigns the lease itself without assigning the reversion, the assignee acquires no right of action against the lessee upon covenants running with the land. Allen v. Wooley, 1 Blackf. (Ind.) 149. If the lease reserves rent payable to the lessor or his assigns, and the lessor assigns the lease for the whole period mentioned therein, and appoints the assignee as attorney to collect and receipt for the rents in the lessor's name, the assignee may sue for and recover rents in his own name. Hunt 2. Thompson, 2 Allen (Mass.) 341. An assignee of an undivided moiety of leasehold premises can maintain an action in his own name, upon covenants of warranty contained in the original lease. Van Horn v. Crain, 1 Paige (N. Y.) 455. money for rent of a house and lot, and to make certain improvements, is not assignable so as to vest in the assignee a right to sue in his own name alone on the contract. Hicks v. Doty, 4 Bush (Ky.) 420. In an action for covenant by the assignee of the lessor against the assignee of the lessee, the plaintiff may give parol evidence of an assignment by the lessee to the defendant. May Sheehy, 4 Cranch (C. C.) 135. 2. Johnson v. Sherman, 15 Cal. 287. The assignee of a lease assigned by way of mortgage is not liable to the lessor for the rent of the demised premises, unless he enters into possession. McKee v. Anglerodt, 16 Mo. 283. A mortgagee or direct purchaser from the tenant of one who buys his right at a sheriff's sale assumes all the tenant's original relations to his landlord. Willison v. Watkins, 3 Pet. (U. S.) 43; S. P. Murphy v. Minot, 4 N. H. 251. 3. Jermain v. Pattison, 46 Barb. (N. Y.) 9. Where a lessee made a general assignment of all his property for the benefit of his creditors, and the assignee went into the store and sold the goods therein at auction, and tendered the key to the lessor, who refused it, it was held that entering into and using the store bound him as assignee of the lease. rance v. Jones, 27 Ala. 630. 4. Montague v. Smith, 13 Mass. 396, 5. Salisbury v. Shirley, 66 Cal. 223. A contract to pay a certain sum of 495. Dor 12. Assignment Carries Right to Renew.-An assignment of a lease carries with it the right to renew.1 The assignor of a lease is not liable to the assignee upon any of the implied covenants therein.2 The assignee of the lessee is liable to the lessor on covenants in the lease concerning husbandry and repairs.3 13. Assignment by Lessor.-If the leased premises be sold during the term, the grantee becomes landlord of the lessee, and he has the right of possession upon forfeiture for breach of the conditions of the lease.4 1. Sutherland v. Goodnow, 108 Ill. 528. Where a lease does not give privilege of renewal at the end of the term, and is assigned by the lessee, and in that assignment the assignee is given a privilege of renewal at the end of the term, and the lessor wrote his consent to the transfer of lease on the assignment, it was held that at the end of the term the assignee had a right of renewal. Lieuteaud v. Jenneaud, 20 La. An. 327. 2. Blake v. Rankin, 11 Mo. 440. Where a lease containing a covenant not to assign without the consent of the lessor is assigned by his consent, the assignee is not liable for any breach of its covenants by the assignor. Townsend v. Schaley, 39 Cal. 18. Where a lessee assigned a lease agreeing with his assignee that he would refund any charge that he (the assignee) should be put to by reason of his purchase, and the owner of the freehold recovered a judgment in ejectment against the assignee of the lease, and such assignee, in order to remain in possession, was obliged to take a new lease at an increased rent, it was held that the assignor of the original lease was liable for such increase in rent. Wray v. Lemon, 81 Pa. St. 273. 3. Gordon v. George, 12 Ind. 408. The assignee of a lease for the life of another at a stipulated annual rent is bound to pay the taxes annually assessed on the leased premises. Prettyman v. Walston, 34 Ill. 175. 4. Page v. Esty, 54 Me. 319. The assignee of a landlord may recover the premises from the tenant in possession upon giving him notice of his acquisition of the title, and demanding from him payment of the rent due upon the demise. Fanning v. Vollker, 40 Mo. 129. Where a lessor during the term sold the leased premises, and directed the rent to be paid to the vendee, and the lessee, with full knowledge of the sale and direction, paid the rent according to his obligation to a party other than the vendee, held that the vendee could not recover rent of the lessee in an action in his own name, without an express promise of the lessee after the assignment to pay to him. Marney v. Byrd, 11 Humph. (Tenn.) 95. A conveyance of premises and all appurtenances thereto without any reservation, carries with it the grantor's right in a lease of the premises made by him. Hatfield v. Lockwood, 18 Iowa 296. Lessor's right to re-enter leased premises for a forfeiture of a lease is not assignable. Trask v. Wheeler, 7 Allen (Mass.) 109. A lessor may grant the whole or any part of the premises out of which rent issues, and the lessee will be bound to pay the whole or a proportionate share of the rent to the grantee, and the latter has all the remedies to enforce payment which the lessor had. Crosby 7. Loop, 13 Ill. 625. When the owner of land makes a lease for years, and before the end of the term conveys his interest in the leased property to a third person either voluntarily or under a decree of court, the rent which accrues after the conveyance passes, with the reversion, to the purchasers, and cannot be afterwards subjected to payment of debts of the lessor. Kornegay v. Collier, 65 N. Car. 69; Bullard v. Johnson, 65 N. Car. 436; Rogers v. McKenzie, 65 N. Car. 218. If the owner of land leased for a term of years assigns the reversion, payment to him by the lessee will be good until notice of as assignment. Farley v. Thompson, 15 Mass. 18; Fitchburg Mfg. Co. v. Melven, 15 Mass. 211. Where the lessee of a hotel assigned 14. Recording Assignments.-Where an assignment endorsed on a recorded lease refers to the lease for a description of the premises, and of the interest conveyed by the lease, the assignment is sufficiently recorded if its record is accompanied by a memorandum referring to the book and page where the lease is recorded.1 15. Joint Assignees.-A lessee may assign his entire interest in a lease to two or more persons by separate deeds of assignment, each of which may convey an undivided interest. In such a case the assignees are not jointly liable to the lessor for the whole rent, but only in proportion to the interest assigned to them respectively.2 16. Presumption from Possession.-If a third person is found in possession, the presumption is that he holds as assignee of the lease.3 XXI. SUBLEASES 1. Definition.-Where a lessee parts with the estate granted to him, reserving any portion thereof, however small, this is called an under lease or sublease.4 2. Limitations Upon Power to Sublet. --A tenant cannot sublet longer than his present term, and where a lessee makes a lease for a period exceeding his whole term, it will, as to the landlord, amount to an assignment.6 the lease without the consent of the lessor, contrary to the terms of the lease, and the lessor, with knowledge of such assignment, accepts rent from assignee, and receipted to him for it, and at assignee's request made repairs, and, upon assignee's abandonment of the demised premises, bought of him the personal property used in the hotel, and credited the price thereof on rent, took possession and occupied the property for the remainder of the term; meanwhile the lessor made no demand on the original lessees for rent, and gave no notice that he intended to look to them for payment; held that these acts amounted to an acceptance of the assignee as a tenant, and a release of the original tenant, and that no recovery could be had against him for rent after the assignment. Colton v. Gorham, 72 Iowa 324. 1. Putnam v. Stewart, 97 N. Y. 411. If a lease is invalid, as against subsequent conveyances, for want of being recorded, a sublease of the same premises will also be of no validity. People v. Stiner, 45 Barb. (N. Y.) 56. 2. Babcock v. Scoville, 56 Ill. 461. 3. Ecker v. Chicago etc. R. Co., 8 Mo. App. 223. If a third person be found in possession, under circumstances which imply an assignment of the lease to him, he is not liable to the landlord on the covenants in the lease to pay rent during the occupation of the premises by virtue of his privity of estate. Glover v. Wilson, 2 Barb. (N. Y.) 264. One found in possession of premises leased to another is presumably liable for rent as assignee of the lease, but may show he is not in possession as assignee. Ebling v. Fuylein, 2 Mo. App. 252. A person other than the lessee being found in the possession of premises. the presumption is that he occupies as assignee and not as under tenant, especially if he has paid rent to the original landlord. Acker v. Witherall. 4 Hill (N. Y.) 112. 4. Bentley v. Deforest, 2 Ohio 221; Farnum v. Platt, S Pick. (Mass.) 339. 5. Sutherland v. Goodnow, 10S Ill. 528. 6. Stewart . Long Island R. Co., 102 N. Y. 601; s. c., 55 Am. Rep. $44. Right to Sublet.-One in possession of real estate with the owner's consent. is presumed to have the right to sublet. Goldsmith v. Wilson, 68 Iowa 685. Any tenant, except at will, may underlet for so long as his interest continues, if he is not prohibited by his lease. Jackson v. Harrison, 17 Johns. 66. An instrument under which a lessee If there is nothing in the lease restricting the tenant from subletting, he may do so for purposes not inconsistent with the terms of his own lease. But a subletting in violation of the terms of the original lease gives the lessor the right to have the lease dissolved.2 The sublessee succeeds to original tenant's rights and no more,3 and the duties and obligations of the original lessee to his landlord devolves upon the subtenant and upon everyone in succession to whom the possession is transferred. And if a subtenant is accepted by the landlord as his tenant, the lessee in the original lease is not liable for rent subsequent to such acceptance.5 There is not such a privity of estate between landlord and subtenant as will entitle the former to distrain upon property of the latter, or give the landlord a right of action against the lessee for rent. Under the statutes of some of the States, an illegal use of the premises by the under tenant for the sale of intoxicating liquors transfers the estate demised to him, but reserving an increased rent, and with a covenant for the delivery of possession to himself, is a sublease and not an assignment. Collamer v. Kelley, 12 Iowa 319; S. P. Martin v. O'Conner, 43 Barb. (N. Y.) 514. Where a lessee transfers the term, reserving a rent to himself, such transfer is an underlease as between the parties thereto, so far as to give the lessee an action of debt, for rent against the under lessee or his assignees. Adams v. Beach, 1 Phila. (Pa.) 99. A conveyance by a lessee to a third person for a portion of the term constitutes such person under tenant, and not an assignee of the lease. so that improvements made by him will be considered as made by the tenant. Wheeler v. Hill, 16 Me. 329; S. P. Bedford v. Terhune, 30 N. Y. 453. A sublease differs from an assignment in the essential fact that some reversionary interest, no matter how inconsiderable, is retained by the original tenant. Constantine v. Wake, I Sweeney (N. Y.) 239; Fulton v. Stuart, 2 Ohio 216; Bedford v. Terhune, 30 N. Y. (3 Tiff.) 453; Smiley . Van Winkle, 6 Cal. 605. Where a lessee executes an instrument conveying the whole of his unexpired term, but reserving rent at a different rate and time of payment from the original lease, and a right to re-entry on nonpayment and on breach of other conditions, also providing for a surrender of the premises to him on the expiration of the term, the instrument is a sublease, not an assignment. Collins An under lease vests only a partial estate in the second lessee, whereas an assignment transfers the whole interest of the first lessee to the assignee. Constantine v. Wahe, 1 Sweeney (N. Y.) 139. Where a lessee of a lot of land makes a lease for the remainder of his term, of a building standing on a portion of the leasehold premises, and by the terms of the lease grants easements appurtenant to the building of light and air, and of passing and repassing other portions of the leasehold premises in common with him and those claiming under him, such lease is an under lease and not an assignment of his whole term in a portion of the leasehold premises. McNeil v. Kendall, 128 Mass. or keeping a house of ill fame does not avoid the original lease If the sublessee before the original lessee's lease becomes the An underletting is not a violation of the covenant not to as- It is no answer to a breach of a covenant not to underlet that A provision in a lease against subletting the demised property XXII. TERMINATION AND FORFEITURE (See LANDLORD AND Y.) 154; Fulton v. Stuart, 2 Ohio 215. 2. Piggott v. Mason, 1 Paige (N. Y.) 3. Liebschutz v. Moore, 70 Ind. 142. But where a person grants his whole M'Murphy v. Minot, N. H. 251. 4. Bockover v. Rost, 25 N. J. L. (1 5. Lynde v. Hough, 27 Barb. (N. 7. Roosevelt v. Hopkins, 33 N. Y. St. with himself in the enjoyment of the 8. Where a tenant holds premises A Lease Is Personal Property.-A lease |