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       #Post#: 31--------------------------------------------------
       Swartzbaugh v. Sampson
       By: SunsetSailor Date: January 27, 2011, 10:22 pm
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       FACTS:  Mrs. Swarzbaugh (P) and Mr. Sbh (D) had acquired title
       to certain real property as joint tenants. (husband & wife).
       Subsequently, Mrs. Sbh and Sampson (D) executed two leases for
       parcels of this property. At all times, however, Mrs. Sbh (P)
       objected to the lease, refused to participate in it, and made
       these facts well known to both Mr. Sbh (D) and Sampson (D).
       Mrs. Swarzbaugh did not want prize fighting on her land because
       of the liquor and women that followed boxing.  At no time has
       she received any rent from this lease.  She sued to cancel the
       lease, claiming it was a total nullity without her participation
       as a joint tenant. (trying to cancel the lease made by her joint
       tenant for his portion of the land/his individual shares)
       
       T1: Mr. SwbSampson
       # If Mr. Swb dies during the lease, what
       happens to it? (It goes entirely to her, and Sampson gets
       nothing)
       # If Mrs. Swb dies during the lease,
       Sampson gets a clear interest b/c he has bound Mr. Swb.
       # Mr. Swb CANNOT transfer the entire
       interest to Sampson
       * If he tries to transfer everything
       to Sampson, he can only transfer what he has (nothing more
       nothing less)
       PROCEDURE: A motion for nonsuit was granted @ the close of P’s
       case & P appealed
       + Court:  Affirmed
       ISSUE:  Can one joint tenant who has not joined in the leases
       executed by her cotenant and another maintain an action to
       cancel the leases where the lessee is in exclusive possession of
       the leased property?
       RULES:
       + The act of one joint tenant without express or
       implied authority from or the consent of his cotenant cannot
       bind or prejudicially affect the rights of the latter (305)
       + A lease to all of the joint property by one
       joint tenant is not a nullity but is a valid and supportable
       contract in so far as the interest of the lessor in the joint
       property is concerned (306)—She CANNOT cancel the lease
       + A lessee in possession of real property under
       a lease cannot dispute his landlord’s title nor can he hold
       adversely to him while holding under the lease (307)
       + As a general rule an adverse possessor must
       claim the property in fee and a lessee holding under a lease
       cannot avail himself of the claim of adverse possession (307)
       ANALYSIS:
       CONCLUSION:  Affirmed
       What can Mrs. Swarzbaugh Do?
       o Partition
       o Use
       o If Mrs. Swarzbaugh goes in and Sampson prevents her
       from doing anything, she can charge him rent as an ouster (fair
       market value)
       o She can cut her own deal w/ Sampson (parallel
       leases) & can extract whatever rent price she can from Sampson
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