A lessor can convey only the interest in the property that the lessor holds. Schrunk v. Andres, 221 Minn. 465, 470, 22 N.W.2d 548, 551 (1946). Tina Borgen was not a tenant of Principal and had nothing more than the right of a former owner to remain in possession until December 14, 1993.
Also see Mutual Building Loan Ass'n of Las Cruces v. Collins, 85 N.M. 706, 516 P.2d 677 (1973) which overruled a portion of Warren v. Rodgers, supra, on a point that is not relevant to this case. Although there is authority to the contrary, this court is persuaded that the better-reasoned view is represented by the leading case of Schrunk v. Andres, 221 Minn. 465, 22 N.W.2d 548 (1946), which considered facts which were in all material ways analogous to those in the instant case. The court ruled in favor of the defendant-owner, saying (22 N.W.2d at 551):
However, our cases hold that a bailee is not subject to any duty of care toward another's property thrust into his control unless he not only knows he has it but also consents to its being in his possession. Schrunk v. Andres, 221 Minn. 465, 22 N.W.2d 548 (1946); Houghton v. Lynch, 13 Minn. 80 (85) (1868). Yet the fact that a conventional bailment relationship did not exist between plaintiff and defendant does not mean that defendant had no duties and responsibilities to plaintiff.
As a general rule, a lessee does not acquire any greater rights in property than those held by the lessor, and a lessee takes subject to any claim enforceable against the lessor. Kleven v. Brunner, 229 Neb. 883, 429 N.W.2d 384 (1988); Schrunk v. Andres, 221 Minn. 465, 22 N.W.2d 548 (1946); see 49 Am.Jur.2d, Landlord and Tenant, ยง 233 (1970). The advertisers merely leased advertising space on the signs from the owners.
As a general rule, a lessee of real estate cannot acquire any greater interest in the property than that held by the landlord, and such lessee takes subject to all claims of title enforceable against the lessor. Schrunk v. Andres, 221 Minn. 465, 22 N.W.2d 548 (1946). Disregarding the fact that Kleven failed to give Brunner notice of the foreclosure proceedings, Kleven did not try the case on that theory.
In an attempt to avoid application of this general rule to the present case, the mother cites several cases from other jurisdictions in which a life tenant, mortgagor, or purchaser under a contract for deed executed a lease which the remainderman, mortgagee, or seller successfully refused to recognize once the life tenant died or the mortgagor or contract for deed purchaser defaulted. Campos v. Warner, 90 N.M. 63, 559 P.2d 1190 (1977); Schrunk v. Andres, 221 Minn. 465, 22 N.W.2d 548 (1946); Ins. Co. v. Products Corp., 135 Ohio St. 501, 21 N.E.2d 585 (1939); Geo. Benz Sons v. Willar, 198 Minn. 311, 269 N.W. 840 (1936). These cases, however, are not applicable.
It is well established that a proper measure of damages for continuing trespass to land is the reasonable rental value of that land during the period of trespass. Schrunk v. Andres, 221 Minn. 465, 22 N.W.2d 548; 19 Dunnell, Dig. (3 ed.) ยง 9694. Since there is in the record evidence which supports the court's finding of general damages of $1,250, it is apparent that the court's determination in this regard must be sustained.
Bowers v. Mississippi Rum River Boom Co. 78 Minn. 398, 81 N.W. 208. Schrunk v. Andres, 221 Minn. 465, 22 N.W.2d 548. Worden v. Bielenberg, 119 Minn. 330, 332, 138 N.W. 314, 315.
No Colorado case has directly addressed whether a plaintiff in a continuing trespass case may recover for damages sustained after the commencement of the action but before trial. Cases from other jurisdictions are split on the issue. Compare Krejci v. Capriotti, 16 Ill.App.3d 245, 305 N.E.2d 667, 670 (1973) (when trespass continues after commencement of action, owner is permitted to recover those damages measurable to time of trial); Schrunk v. Andres, 221 Minn. 465, 22 N.W.2d 548, 552-53 (1946) (damages accruing after filing of pleadings in continuing trespass action may be recovered if they result from acts done before commencement of action and continuing thereafter); Woldson v. Woodhead, 159 Wash.2d 215, 149 P.3d 361, 365 (2006) (concluding, as matter of first impression in Washington, that there was no basis for denying proven damages for injuries sustained after filing but before trial, where continuing trespass was not abated as of time of trial), with Lankford v. Dockery, 85 Ga.App. 86, 67 S.E.2d 800, 806 (1951)("Damages sustained by reason of . . . a continuing but not a permanent trespass are recoverable up to the time of bringing the suit, the reason being that the trespass . . . may or may not be continued after the suit is commenced, and if continued, a new cause of action arises therefor." (citations omitted)); Indiana, B. W. Ry. v. Eberle, 110 Ind. 542, 11 N.E. 467, 471-72 (1887) (in action for continuing trespass, only such damages as accrued up to time of co
"Eviction is dependent upon the relationship of landlord and tenant * * * ." Schrunk v. Andres, 221 Minn. 465, 471, 22 N.W.2d 548, 552 (1946). Here, there was no landlord-tenant relationship in 1995 when appellant claims that respondent evicted her.