Woodfall's Law of Landlord And Tenant

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Weaver u. Belcher, 7 M. & W. 226; Doe d. Heming v. 3 East, 449.
Brett, Hurl. & W. 3; Cole Ejec. 457. (?) Gibbs v. Cruikshank, L. R., 8 (n) Doe d. Crisp v. Barber, 2 T. R. C. P. 454 ; 42 L. J., C. P. 273.
1 Attornment clauses. — Mortgages are sometimes made with attorn- ment clauses. In re Willis, Ex parte Kennedy, 21 Q. B. D. 384 ; Southport & W. Lancashire Banking Co. v. Thompson, 37 Ch. D. 64.
375 *233 TENANCIES FOR LESS THAN YEARS, ETC. [Ch. VI. S. 6.
Mortgagor may sue for rent. — By the Jud
...icature Act, 1873, s. 25, subs. (5), "a mortgagor entitled to possession may, unless notice of an intention to take possession shall have been given by the mortgagee, or unless the cause of action arise upon some joint contract (^qq), sue for possession or rent in his own name only." " Attornment clause " in mortgage deed. — In order to obtain for the mortgagee the benefit of being able to recover his interest as rent by the preferential remedy of distress, it became common to insert in mortgage deeds an " attornment clause," by which the mortgagor "attorns," or agrees to become tenant to, the mortgagee at a rent representing the interest ; and this fictitious tenancy has given rise to much litigation.

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