Swartzbaugh v. Sampson case brief summary
54 P.2d 73 (1936)
The Plaintiff appealed the decision of the
Superior Court of Orange County (CA) which granted
defendant's motion for nonsuit in an action that involved the lease of
CASE FACTS The Defendant husband and plaintiff wife
both owned property in joint tenancy with a right to survivorship.
Defendant husband and defendant lessee both negotiated and agreed to
sublet a portion of the land for a boxing pavilion.
negotiation, plaintiff made it known that she was opposed to the
lease and remained uninvolved in the negotiation.
The Plaintiff did not
sign the lease agreement.
Defendant husband maintained all of the
income from the lease agreement.
Plaintiff brought suit to cancel the
The lower court dismissed the action on the basis of nonsuit.
On appeal, the court had affirmed the judgment which held that where one
tenant leases common property to a third party, the other tenants in
common can not cancel the lease or recover exclusive possession of the
Where one tenant leases common property to a third party, the
other tenants in common can not cancel the lease nor can they recover exclusive
possession of the entire property. The judgment was affirmed. Suggested law school study materials
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