Bowser v. Bowser

Summary

The court reviewed an action for forcible detainer involving a tenant who remained in possession after the termination of the original lease. It held that the tenant could show that the landlord’s title had expired or been transferred, thereby ending the landlord-tenant relationship and permitting an attornment to another landlord. The court affirmed the judgment for the defendant.

Holdings

1. A tenant may show, regardless of the form of the action, that the landlord's title has expired, that the landlord sold his interest in the premises, or that the interest was alienated by judgment and operation of law.
2. The deeds from John Bowser to Martha Bowser could be considered to determine whether John Bowser had voluntarily ceased to be George Bowser's landlord; if the relationship had ceased, George Bowser could lawfully attorn to another landlord.
3. The circuit court did not err in refusing to set aside the verdict and grant a new trial because sufficient evidence supported a verdict for George Bowser on the ground that John Bowser had transferred his title and thereby dissolved the landlord-tenant relationship.

Questions Presented

1. Whether a tenant defending a forcible-detainer action may show that the landlord's title or interest in the premises expired or was transferred.
2. Whether John Bowser's conveyance of his title and interest to Martha Bowser dissolved the landlord-tenant relationship and permitted George Bowser to attorn to another landlord.
3. Whether the circuit court erred in refusing to set aside the jury verdict and grant a new trial.

Disposition

affirmed