Swartzbaugh v. Sampson
Court of Appeal of California, Fourth District
54 P.2d 73 (1936)
Relevant factsFree
Mr. and Mrs. Swartzbaugh owned property as joint tenants with right of survivorship; over Mrs. Swartzbaugh's (plaintiff's) objection, Mr. Swartzbaugh leased a portion of their jointly held property to Sampson, who built a boxing pavilion on it. Mrs. Swartzbaugh sued her husband and Sampson to cancel the lease, and the trial court granted a nonsuit against her, prompting her appeal.
IssueFree
Whether a lease executed by only one joint tenant, purporting to grant possession of jointly held land to a third party, is a nullity.