Morris Building & Land Improvement Ass'n v. Vikol Mining Co.
Morris Building & Land Improvement Ass'n v. Vikol Mining Co.
Opinion of the Court
Plaintiff sued defendant for rent and seized certain property belonging to Carriere and Heazlit, who opposed the seizure' claiming that said property Vas not liable for the rent, because it had been removed from the. leased, premises before the seizure; ; ■ ■'
During the same evening plaintiff caused the property to be carried back to defendant’s office, where-it was seized the next day. This was without opponent’s consent.
As the property of third persons is liable to seizure for rent only in so far as it is in the leased premises with their consent, it follows that plaintiff can derive no advantage from the fact that the property was reconveyed into the office of defendant without the consent of opponents.
The question therefore arises whether or not the property was liable to seizure because it had never been removed at any time from the’leased premises, or because it was still contained in the “house,” as contended for by plaintiff.
We think that the word “house” in C. C. 2707 and the words “house or apartment” in 0. C. 2705, are synonymous with the words “property leased” in the first paragraph of the article last mentioned. In other words the Code intends that the property of third persons should be liable to seizure for the rent only so long as it remains in the leased premises.
In the case at bar we are not dealing with the question whether or not the corridors, elevators and passages of an office building do or do not form part of the leased premises. But it is clear that an office" or apartment leased exclusively to one person forms no- part of the
There was some question involved as to an agreement on the part of opponents, not to remove their property from defendant's office if time were given. . But the district Judge reached the conclusion that there was some misunderstanding about this, and therefore disregarded it. His conclusions ’ of fact in this respect are not to be disturbed lightly, and we accept them.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.