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STOTT V. RUTHERFORD, 92 U. S. 107 (1875)

U.S. Supreme Court

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

Stott v. Rutherford

92 U.S. 107


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.

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