Property Law Keyed to Singer
Carr v. Deking
Facts
Joel Carr (Plaintiff) and his father George Carr owned a parcel of land as tenants in common. They leased the land to Richard Deking (Defendant) on a year-to-year oral agreement over several years. One year, Plaintiff informed Defendant that he wanted cash rent, but Defendant did not agree. Defendant and George Carr entered into a ten- year lease, unknown to Plaintiff. Plaintiff never consented to the lease and did not authorize his father to act on his behalf. Plaintiff informed Defendant that his lease had expired, but Defendant claimed possession through the lease with George Carr. Plaintiff seeks to eject Defendant; Defendant seeks partition.
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